Great Equalization: Is MBBS From India Equal To M.D. In U.S.A?

FEATURE
AAPI Journal • March 2009
Great Equalization...
Is MBBS from India Equal to M.D. in USA?
by Akshay Desai, M.D.
Akshay Desai, M.D., M.P.H.
St. Petersburg, Florida
Recently, a decision in a landmark
case out of Texas was handed down
that greatly affects the membership
of AAPI as well those young doctors
in India wanting to come to the
United States of America and who
would be a part of AAPI’s future.
I report with great pleasure that
the Administrative Appeals Office
(AAO), disagreed with Texas Service
Centre (TSC) and ruled that a
M.B.B.S degree from India does
indeed equate to an U.S. M.D.
degree. The ruling states that the
beneficiary (M.B.B.S from Pune
University) met the requirements of
the labor certification, (Second
Preference), specifically a foreign
equivalent to a US medical degree.
This recent decision overruled an
earlier negative ruling at the lower
level involving Norman Regional
Hospital.
Prior to this ruling M.B.B.S.
doctors, like you and me could only
apply under the Third Preference
(EB-3) which equated us with “aliens
with at least two years of experience
as skilled workers, and others with
less than two years experience, such
as an unskilled worker who can
perform labor for which qualified
workers are not available in the
United States.“ Yes we were
classified as “Skilled workers”. Our
Medical degree in India was not
recognized. Under the Second
Preference (EB-2) we are now
classified as “aliens who are
members of the professions holding
advanced degrees or their equivalent
and aliens who because of their
exceptional ability in the sciences,
arts, or business will substantially
benefit the national economy,
cultural, or educational interests or
welfare of the United States.” This
means, that we the physicians with
M.B.B.S degrees from India, can
now legally claim our medical
degree from India, being equivalent
to a U.S. M.D. degree. Those of us
who need an immigrant visa can
now qualify for Employment Based
Second Preference (EB-2), reserved
for persons with U.S. advanced
degree or foreign equivalent. The
second Preference (EB-2) has a
better and faster chance of receiving
a Visa as compared to the Third
Preference (EB-3).
This ruling finally recognizes
fellow members of AAPI at least by
the Dept. of Immigration as being
“Medical Doctors” in the true sense
of the word. This takes us back to
one of the prime reasons for forming
AAPI, 28 years ago, that we stand
for our rights and be recognized as
trained medical professionals who
can serve the community with
respect and honor. Yes, we do have
a few more hurdles to cross but if
we are united and not forget our
goals we can achieve them. For this
we might need a change in
ourselves and a grass root active
participation. I will continue to
monitor this ruling on behalf of our
young graduates from India and
make sure that this ruling is
enforced.
My objective is to keep you
abreast of information with material
impact on our membership that
would be related to employment,
medical practice, regulatory
compliance, and licensing. If our
members are financially strong, only
then will we be able to affect
“change” within and outside of AAPI
to have a significant impact
throughout the nation.
I will continue to keep a keen eye
out and continue to keep you all
updated as to other news relating to
this decision. If you wish to share
your thoughts about this ruling,
please contact me at
drdesai@univhc.com.
www.aapiusa.org
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