New York District Court Strikes Down Professional Licensure Law

A Court finds a New York state professional licensure statute unconstitutional under both the equal protection clause and the supremacy clause in that it discriminates against those who are not citizens or permanent residents. Plaintiff is a veterinarian on a TN visa. The Court found that New York’s limitation on licensure of qualified non-citizens is unconstititional. New York licensing provisions for physicians and other professionals are very similar to the veterinariary licensing law in this case. For example, New York only issues limited licenses to physicians in H-1B status so long as they practice in underserved areas. This decision may signal the demise of these limitations on some IMG physicians practicing in New York. To read this important decision, click this link – Kirk v. New York State Department of Education et al., (W.D. NY 6/23/08). AILA Doc. No. 08071060.

By Ann Massey Badmus

Published by Ann Massey Badmus

Ann Badmus helps foreign national medical providers and their employers successfully cut through immigration red tape for fast and timely employment. Through her unique Immigration Prescription Program, she skillfully solves even the most complex immigration problems. Her comprehensive and clear advice has helped thousands of providers, employers, and recruiters avoid immigration delays, saving time and expense and providing a stress-free experience for all. Ann is frequently invited to speak about immigration issues before various organizations, including medical associations such as the American Academy of Neurology. She has also published numerous immigration articles and has authored a well-received book, The Immigration Prescription: The Practical Guide to Immigration for Foreign Born Physicians.

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