This Policy Provides Guidelines on Immigration Support for Permanent Residency Sponsorship

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This Policy Provides Guidelines on Immigration Support for Permanent Residency Sponsorship

MANUAL: FOLDER:

TITLE: POLICY OWNER: Immigration Policy and Procedures Medical Staff Recruitment POLICY ADMINISTRATOR: COMPLIANCE REVIEW:

ORIGINAL DATE: REVISION DATE(S): July 1, 2011 KEYWORDS: Immigration, Green Card, Permanent Residency

SCOPE: This policy applies to employed medical staff of The Reading Hospital and Medical Center (TRHMC), Reading Professional Services (RPS) and The Reading Hospital Medical Group (TRHMG).

PURPOSE: This policy provides guidelines on immigration support for permanent residency sponsorship.

POLICY: The Reading Hospital and Medical Center and The Reading Hospital Medical Group (hereinafter referred to as “Hospital”) recognizes that a physician (“Physician”) being recruited may request permanent residency (I-551, “Green Card”) sponsorship. Depending upon the severity of the need for a Physician with a given specialty, the Hospital may agree to provide such sponsorship and directly reimburse an attorney of its own choosing for reasonable expenses incurred relative to developing Physician’s application for U. S. residency. The maximum amount the Hospital will spend for any selected Physician and their immediate family is Twenty Thousand Dollars ($20,000).

DEFINITIONS: For purposes of this policy, “Hospital” refers to TRHMC, RPS and TRHMG.

PROCEDURE:

Any Physician accepting this assistance must sign a US Permanent Resident Application Agreement (“Agreement”) between the Physician and Hospital which outlines the obligations of both the Physician and the Hospital. This Agreement is attached as Exhibit “A”. Included as key provisions of this Agreement are the following: (1)-- If Physician’s employment with Hospital ends, for any reason, before attainment of US Permanent Resident Status, Physician must reimburse Hospital for all (100%) of the fees paid by Hospital on behalf of the Physician, with the exception of any fees that may not be reimbursed under the law. (2)—If , after being granted US Permanent Resident Status (has received “Green Card”), Physician’s employment with Hospital ends before twelve months of continuous full time employment, Physician shall reimburse Hospital for all (100%) of the fees paid by Hospital to obtain such status for Physician, with the exception of any fees that may not be reimbursed under the law. (3)-- If, after being granted US Permanent Resident Status (has received “Green Card”), Physician’s employment with Hospital ends after twelve months, but before twenty-four months, of continuous full time employment, Physician shall reimburse Hospital for one-half (50%) of the fees paid by Hospital to

Page 1 of 5 obtain such status for Physician, with the exception of any fees that may not be reimbursed under the law. (4)--If, after being granted US Permanent Resident Status (has received “Green Card”), Physician’s employment with Hospital ends after twenty-four months, of continuous full time employment, Physician shall not be required to reimburse Hospital for any (0%) of the fees paid by Hospital to obtain such status for Physician.

EXHIBIT “A”

DATE

NAME ADDRESS CITY, STATE ZIP

RE: US Permanent Resident Status Application & Fees Agreement

Dear NAME:

On behalf of The Reading Hospital and Medical Center (“TRHMC”), I am pleased to inform you that TRHMC is willing to work with an attorney of its own choosing, and to pay up to $20,000 for the legal and filing fees and costs (the "Fees"), to seek permanent United States resident status (“US Permanent Resident Status”) on behalf of you and your immediate family members, subject to your agreement to the following terms and conditions. The total amount of Fees that are incurred to seek and obtain US Permanent Resident Status depends on a number of facts and circumstances applicable to the individual and his/her application. Upon receipt of written request by you, we will provide you with the amount of Fees incurred on your behalf through a date certain, no more frequently than two times per calendar year.

If you accept this offer, by signing below and returning this letter to me, this letter shall become the US Permanent Resident Application Agreement between you and TRHMC (this “Agreement”).

1. To the best of your information, knowledge and belief, you can meet all qualifications necessary to obtain US Permanent Resident Status.

2. You shall timely provide all information and documents requested by, and otherwise cooperate with, the attorney selected by TRHMC to seek US Permanent Resident Status on your behalf.

3. None of the following is intended to, or shall, alter the "at-will" nature of your employment with TRHMC:

a. the fact that TRHMC shall or does undertake efforts to obtain US Permanent Resident Status on your behalf, b. the fact that TRHMC pays the Fees on your behalf and/or obtains US Permanent Resident Status for you, or

Page 2 of 5 c. any information provided by TRHMC or its selected attorney in any documentation created or submitted in support of an application to obtain US Permanent Resident Status for you.

You and TRHMC, each and separately, reserve the legal right at all times to unilaterally terminate the employment relationship at any time in accordance with your Employment Agreement.

4. You understand and acknowledge that there is no guarantee that your application for US Permanent Resident Status shall be approved, or shall be approved within any particular time frame or during your period of employment with TRHMC.

5. If, at any time prior to your attainment of US Permanent Resident Status, your employment with TRHMC ends for any reason:

a. neither TRHMC nor its selected attorney shall have any further obligation, after the date your employment with TRHMC ends (“Termination Date”), to pay any additional Fees or take any further action to seek or obtain US Permanent Resident Status on your behalf; and

b. you must reimburse TRHMC for all (100%) of the Fees paid by TRHMC on your behalf, regardless of the status of your application for US Permanent Resident Status, in accordance with Paragraph 7, below, with the exception of any fees that may not be reimbursed under the law.

6. If, following the date you were granted US Permanent Resident Status, your employment with TRHMC ends for any reason:

a. at any time before you have completed 12 months of continuous active full-time employment with TRHMC, you shall reimburse Reading Hospital for all (100%) of the Fees paid by TRHMC to obtain such status on your behalf, in accordance with Paragraph 7, below, with the exception of any fees that may not be reimbursed under the law; b. at any time after you have completed 12 months but before you have completed 24 months of continuous active full-time employment with TRHMC, you shall reimburse TRHMC for one-half (50%) of the Fees paid by TRHMC to obtain such status on your behalf, in accordance with Paragraph 7, below, with the exception of any fees that may not be reimbursed under the law; and c. at any time after you have completed 24 months of continuous active full-time employment with TRHMC, you shall not be required to reimburse TRHMC for any (0%) of the Fees paid by TRHMC to obtain such status on your behalf.

7. You shall reimburse TRHMC for the amount of Fees owed to TRHMC, as required by Paragraph 5.b., Paragraph 6.a. or Paragraph 6.b., above:

a. on the Termination Date via an automatic deduction by TRHMC from your final wages and any other amounts TRHMC owes to you (including expense reimbursements), which you hereby authorize to the extent permitted by applicable law; and/or b. no later than 30 calendar days after the Termination Date by submitting payment directly to TRHMC.

Page 3 of 5 8. If you refuse or fail to reimburse the amount of Fees owed to TRHMC within 30 days after the Termination Date, interest shall accrue on the amount of Fees owed at a rate of 10% per annum, or the maximum amount legally permissible, retroactive to the Termination Date. TRHMC may take legal action against you to recover the amount of Fees owed as well as interest thereon, and the prevailing party in such legal action shall be entitled to an award of reasonable attorneys’ fees and costs incurred by that party in such legal action.

9. This Agreement shall be governed by the laws of the Pennsylvania, without regard to its conflicts of law principles.

10. You submit to the personal jurisdiction and venue of the courts located in Berks County, Pennsylvania, or the U.S. District Court for the Eastern District of Pennsylvania, with respect to any and all disputes arising from or relating to any of the subjects of this Agreement.

11. This Agreement shall be binding on you, your heirs and representatives and on TRHMC and its successors and assigns. Although TRHMC can assign its rights and obligations under this Agreement to a third party upon written notice to you, you may not assign your rights and obligations under this Agreement unless TRHMC consents in writing to such assignment.

12. In signing this Agreement, you are not relying on any statements, representations, agreements or promises (oral, written or implied-in-fact) that are not clearly and expressly written in this Agreement. This Agreement contains the full, complete and exclusive agreement between you and TRHMC regarding the subject matters covered, and cannot be changed except by another written agreement signed by you, by an authorized representative of TRHMC Human Resources and by your then-current manager.

NAME, if you agree to each of the terms and conditions set forth above, please indicate your agreement by signing, dating and returning an original of this letter in the enclosed Fed Ex envelope. Please retain the second original for your records.

______NAME Date

______Therese Sucher Executive Vice President and Chief Operating Officer Date

EDUCATION AND TRAINING: N/A

REFERENCES:

Page 4 of 5 COMMITTEE/COUNCIL APPROVALS:

CANCELLATION: This policy supersedes all previous policies, memoranda, and/or other communications pertaining to this policy.

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