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The Immigration Process:
Visa details
International Medical Graduates (IMG) seeking U.S. residency training who do not
qualify for permanent resident status in the U.S. usually seek either of two
visas from the Immigration and Naturalization Service (INS) for U.S. training:
Several recent events affect the use of those two visas by IMGs.
J-1 visa (Exchange visitor)
- The J-1 visa is used for graduate medical education and training (
maximum period of seven years).
- It should be noted that, upon completion of the J-1 stay in the U.S.,
the alien will be required to return to his home country for a period of at
least two years.
- This is the most common visa applied by the overseas doctors who are not
planning to settle in the United states permanently.
(It
should be noted that many doctors, after obtaining J-1 visa and completing their
training, decide to settle down in the United states.)
Requirements for J-1 Visa
Several requirements apply when an alien physician seeks a J-1 visa.
- He/she must provide a written assurance from the home country confirming
that there is a need for his/her skills in this country.
- There must be also a written agreement from an accredited school of
medicine which will provide the training in the U.S.
- He/she must prove sufficient skills that he/she has already achieved by
having
either: graduated from a medical school accredited by the Liaison Committee
on Medical Education (LCME)
or: possessing ECFMG certification.
- The alien physician must already have prior education/ licensure abroad.
Benefits
- Spouse ( on a J-2 visa ) of an alien having a J-1 visa may obtain more
easily a work permit.
- There are no social security tax requirements
- No labor certification is needed.
H-1B Visa
- Foreign graduates who wish to settle down in United States permanently,
may prefer this visa, as this can be converted to green card later.
- Unfortunately, H-1B visas are open to all professionals (not just
medical) and the US government has placed a cap of 115,000 on the number of
such visas that can be issued in each fiscal year (October to September
annually).
- Note that the Match takes place in mid-March, and for a July start you
would likely have only short period to secure a state medical license and
submit your H-1B visa application.
Requirements for the H-1 Visa
For
alien physicians who will primarily be teaching or performing research (with
incidential patient care only) the following conditions apply:
- He/she must be licensed in the State of intended employment.
- He/she must be a graduate of a foreign or U.S. medical school, or have a
full and unrestricted license to practice medicine in a foreign state.
Additionally, alien physicians intending to perform patient care services must
have :
Either: graduated from a medical school accredited by the LCME
Or:
passed Steps I, II, CSA and III of the United States Medical Licensing
Examination (USMLE), and have competency in written and oral English.
J-1 Waiver
An
exchange visitor holding a J-1 visa cannot remain in the U.S. beyond the seven
year limit to pursue other types of training or for practice, or for academic
activities unless he/she qualifies for a waiver to the foreign residency
requirement.
There are now four statutory justifications for such a waiver.
- A finding by the INS of exceptional hardship for a spouse or child who
is a U.S. permanent resident or citizen;
- A finding by the INS that the alien would face persecution on returning
home;
- Support of a waiver from a U.S. government agency based on the alien
- accepting a position that could not be filled by a U.S. citizen.
Typically, the latter have been issued by the U.S. Veterans Administration or
less often, the Appalachian Regional Commission.
In
October 1994, Congress approved a fourth important route for a waiver. This
allows the State Department of Public Health to request a waiver from the
United States Information Agency
(USIA) which will make a recommendation to the INS.
These waivers will generally be based upon services in medically underserved
areas.
For additional information on J-1 waiver on internet
Useful links for visa purposes
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