Q: Indian citizen,Canadian perm.resident. Healthcare professional (HCP) licensed in USA(history of H1B in USA, I140 2016).
Lived in Canada. California board allows me to practice with my current HCP license from Canada. Need to clarify immigration and business rule for this type of work. Can I provide telehealth to clients in USA? Do I need to open LLC/Inc for this? What kind of visa do I need if any?
Prior history- (I-140 approved w/ priority date Nov 2016 w/ employer A. File dormant (I suppose)as employers switched 2018; did not file new I140 or initiate Green card process w/ new employer. Employer A did NOT withdraw my green card file. Left USA in 2019. Do not intent to work on H1B with same or other employer at this time as it requires me to move my location.) Thank you.
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A:
If you are an Indian citizen and a Canadian permanent resident, and you have a valid healthcare professional (HCP) license in the USA, you may be able to practice telehealth in the USA while living in Canada. However, there are several legal and regulatory requirements that you should be aware of.
Firstly, you will need to ensure that you comply with all applicable state and federal laws and regulations related to telehealth, including licensing, registration, and practice standards. The California Board of Medicine may allow you to practice with your Canadian HCP license, but you should confirm that you meet all other requirements for practicing telehealth in California.
Secondly, you will need to consider the business structure that you will use to provide telehealth services. You may need to establish an LLC or corporation in the USA to provide these services, depending on the specific legal and tax requirements in California and other states where you plan to offer services.
Finally, you will need to consider your immigration status and whether you need a visa to work in the USA. As an Indian citizen, you may be eligible for a variety of work visas, including H-1B visas. However, you will need to meet the eligibility criteria for the specific visa category, including having a job offer from a qualifying employer and meeting the qualifications for the position.
It's essential to consult with an experienced immigration attorney who can review your specific situation and provide legal advice on the best course of action. An immigration attorney can also assist you in navigating the complex legal and regulatory requirements related to telehealth and business formation.
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