Medical doctors work visa
There are a number of Non-Immigrant work visas that Spar & Bernstein can help physicians obtain to enter the United States to work as a medical doctor or researcher.
The most common temporary work visa for all professionals, including doctors, is the H-1b visa. The H1-b visa is granted for 3 years and is renewable for another three years for a total of six years. As is the case of all H-1b’s, the petitioner (hospital, clinic, drug company, etc.) must submit a Labor Condition Application with the Department of Labor that certifies that the beneficiary (physician) will be paid a wage comparable to the wages of similarly employed U.S. workers for that position in that particular area. Besides showing that the physician has the requite medical degrees which is comparable to those degrees in the United States, the physician must also submit documents to prove:
- That he or she has the requisite state license to practice his/her profession or is eligible to obtain it upon entry into the U.S.,
- Passed the FLEX Exam (Federation Licensing Examination), or steps 1, 2 and 3 of the USMLE (U.S. Medical Licensing Examination) or parts I, II, and III of NBME (National Board of Medical Examiners),
- Is competent in oral and written English,
- Is a graduate of an accredited school of medicine, and,
- Must display competence in written and spoken English.
Foreign Physicians may obtain H1-b visas under the following circumstances without required FLEX, USMLE, or NBME examination:
- That he or she is coming to the United States to teach, conduct research, perform incidental patient care at a public or non-profit institution,
- The Physician is of National or International renown
- Physician is not coming to the United States to practice medicine (i.e. coming to the United States to work for a medical supply company)
- Physician graduated from a U.S. medical school
Physicians in residency programs may also apply for an H-1B visa.
Another desirable visa is the O-1, which is given to a person who displays "extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim." In the case of physicians, evidence of the physician’s renown and extraordinary ability may include awards from groups like the American Medical Association or the World Health Organization, publications in the New England Journal of Medicine or other journals, being listed by U.S. News and World Report as one of the "Top Doctors", speaking engagements at medical conferences and the like. O-1 visas are granted for up to three years at a time and are renewable indefinitely. Like the H1-b visa, the physician must have an employer sponsor to obtain the O visa but would not need required examinations because of his or her demonstrated extraordinary ability. However, as a practical matter, the physician would still need state licensure to practice direct patient care.
Both the H-1B and the O-1 Non-Immigrant Visas are considered dual intent visas, which means that a person seeking to enter the United States with such a non-immigrant visa may declare his/her intent to immigrate. (i.e., file an immigrant petition, without violating the conditions of his/her non-immigrant status). Physicians who hold an H-1B are not exempted from filing an Application for Alien Labor Certification ("Labor Certification"), a filing with the Department of Labor requesting certification that hiring an alien for the offered position will not adversely affect the U.S. labor force. After the Labor Certification is approved, an I-140 Immigrant Petition for Alien Worker must be filed with the Immigration & Naturalization Service. Only when the I-140 is approved and when the alien’s priority date is current (a regular physician will probably be categorized as Second Preference- Member of the Professions Holding Advanced Degrees), will the alien be able to adjust status to permanent resident.
On the other hand, physicians who are in the United States on an O-1, who have already been found to be extraordinary, may be exempted from filing an Application for Alien Labor Certification on the basis that an 0-1 physician will be more than likely categorized in the First Preference as a Person of Extraordinary Ability because the evidentiary requirements to be classified as First Preference and for eligibility for the O-1 are virtually identical. As a First Preference Priority Worker, the alien can file a self-petition that is generally processed faster than the other preference categories.
In stark contrast to the advantages of the O-1 are the limitations of the J-1 visa. The J-1 Visa is the Exchange Visitor Visa for persons who do not intend to abandon their foreign residence and are visiting the United States as trainees, students, professors, scholars, foreign physicians, etc., in an exchange visitor program that has been designated by the Department of State. While the J Visa is exceedingly easy to get, it has some drawbacks for persons who wish to remain in the United States, particularly for physicians. J-1 physicians (foreign doctors who have received graduate medical training in the United States on a J-1 visa) are subject to a two-year foreign residence requirement imposed by §212(e) of the Immigration & Nationality Act. The home residence requirement means that for two years after the completion of your J-1 program, and until you reside outside of the United States for two years, you are not eligible to:
- Change your status to any Non-Immigrant Status other than A or G status
- Apply for an H or L Visa
- Apply to adjust your status to that of a lawful Permanent Resident
- Apply for an Immigrant Visa at a United States Embassy abroad
Physicians who have a two-year residence requirement have the following options available:
1. You may obtain a waiver of the two-year home residence requirement. Getting a waiver of the foreign residence requirement requires a favorable recommendation by the Department of State upon proving very narrow grounds for which a favorable recommendation will be issued. A waiver of the two year home residence requirement may be granted if you;
- Can prove that you or your United States Citizen or Permanent Resident spouse or child would suffer extreme hardship if you were forced to return home for two years
- Would be subject to persecution if you were to return home for two years
- Have an interested United States government agency that seeks a waiver on your behalf
2. You may return home and apply for a Non-Immigrant Visa other than an H or an L. Examples include: B-1, B-2, E, F, and O Visas;
3. You may apply for an immigrant Visa as a medical doctor and wait at home for two years to return with your Green Card.