Work for the VA on EAD (H4, adjustment pending)

neel271

Registered Users (C)
My husband is a J-1 waiver EB-2NIW physician at a VA Medical Center. Our adjustment is pending. I have an EAD. My husband's department at the VA has daily need of contract/fee basis physicians and approved funding for the whole year. At the present time they have enough US CITIZEN/GREEN CARD fee basis docs in their pool but would like to add more docs credentialed for any unforeseen staffing need in future. I was offered a fee basis spot by the chief, but this is what HR/Credentialing department at the VA wrote to my husband:

"Dr. XYZ
Technically an H4 can work under only one or two conditions, one being a change of status and receipt of a work authorization. Although she has this, we as a Federal Agency are still bound by all recruitment regulations and would have to formally recruit, post ads, interview, etc for even a Fee Basis position. At this time, that is not in the best interest of our health care system unless the ambulatory care section has become such a scarce specialty that we cannot even hire U.S. Citizens as Fee Basis. I spoke in person with our Regional Counsel in Philadelphia who confirms this. I’m sorry that that is not the answer you wished to see, but hopefully she can obtain employment elsewhere."


At the time of my husband's joining the VA (couple of years ago) some of his colleagues joined the department on straight H1B (not J1waiver), EAD (adjustment pending), Green Card, US citizenship status. But VA was having hard time recruiting at that time (thats how my husband got hired and others that I just mentioned).

Experts please comment. Thanks in advance.
 
the va is spending taxpayer money. if there is one citizen who fulfills minimum requirements for job, they cannot hire an alien.
 
the va is spending taxpayer money. if there is one citizen who fulfills minimum requirements for job, they cannot hire an alien.

I don't think the OP made it clear to the VA that she has an EAD, and therefore does not require immigration sponsorship. The response sounds like the response to a request for an H-1 or LC.
 
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