solutions for physicians

H-1B Visa (Professional Worker)

O-1 Visa (Extraordinary Ability)

J-1 Visa (Trainee)

H-1B Visa
The H-1B visa allows workers in specialty occupations - areas that normally require a college degree - to work in the US for up to a total of six years. H-1B visas are granted for up to three years and may be extended for up to three more years.

H-1B visas are available to physicians that hold a medical degree. Practicing physicians must possess a license to practice medicine in the state of intended employment. Also, they must have completed USMLE steps 1, 2 and 3 (completion of step 3 of the USMLE may not be required by states, at least not at the residency stage, but the INS imposes this requirement on physicians applying for an H-1B visa). However, researchers only need an advanced degree, such as a PhD.

The employer must demonstrate that they are paying the prevailing wage to the physician by filing a Labor Condition Application (LCA) with the US Department of Labor, demonstrating that the employer is paying as much as other similarly employed workers.

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O-1 Visa (Extraordinary Ability)
The O category is for highly talented or acclaimed foreign nationals who may not qualify in other work-related nonimmigrant categories such as H-1B or J-1, or who wish to avoid those classifications for various reasons.

Requirements are based on the "extraordinary" standard as defined in the regulations as "sustained national or international acclaim" and is typically documented with submission of:

· prizes and awards;

 
· proof of membership in associations requiring outstanding achievement of their members;

 
· published material about the individual;

 
· proof of original contributions in the field;

 
· authorship of articles;

 
· employment in critical or essential capacity for organizations with distinguished reputation;

 
· or high salary or other remuneration for services.

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J-1 Visa (Trainee)
Requirements for a J-1 visa for a physician include:

1) admission into a residency program in the US,

2) J-1 sponsorship from the Educational Commission on Foreign Medical Graduates;

3) passage of Steps 1 and 2 of the USMLE and

4) passage of a clinical skills assessment evaluation offered only in Philadelphia, PA.

 

For an employer, a J-1 visa is much easier to apply for that an H-1B visa. The employer does not file a Labor Condition Application (LCA) with the US Department of Labor. Also, there is no prevailing wage requirement and the visa can be approved with one month to six weeks as compared to an average of three to four months for an H-1B visa petition.

An advantage of a J-1 visa for the physician is that the spouse of J-1 visa holder is eligible for work authorization from the INS. This work authorization is not employer or job specific. Also, there is no need for the potential employer to file a visa petition.

The disadvantage of a J-1 visa for a physician is that doctors face a two year home residency requirement before being eligible to apply for a change of status to another non-immigrant status or to apply for permanent residency ("green card"). To avoid the two-year requirement, a foreign medical graduate must seek a waiver.

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