Temporary
Work Visas for Physicians: Similar to US visitor visa
The
process of obtaining your temporary work
visa or US visitor visa through your doctors or
physicians licensure can be a long, frustrating, and
expensive experience.
There are
many important choices to make in this confusing process.
This site was created to give you the information
you need to make the right decisions on entrance into
the US through a US visitor visa vs. a temporary work
visa. However, the information provided on this site
can in no way replace representation from a good immigration
lawyer in USA.
If you haven’t
already done so, stop right now and
read our homepage. It is full of surprising
information that could save you a great deal of time
and money. Once you’ve read through the
homepage, come back here to find out more about how
you can come to the US through your profession, get
a US visitor visa, and even be able to obtain your
US green card as well.
If
a doctor or physician is not able to come to the United
States under a national interest waiver and thereby
obtain a US green card, there are several options
available instead. These options however are ONLY
applicable to applicants in the above professions
seeking to come TEMPORARILY to work in the United
States; similar to the US visitor visa.
Some of the more
common options include the following:
- J-1 Exchange Visitor
- H-1B Specialty Occupation
- O-1 Extraordinary Ability
- TN Treaty NAFTA for Canadians
and Mexicans
J-1 Exchange Visitor
Many foreign
physicians or doctors come to the United States in
the J-1 exchange visitor category to train in U.S.
residency programs. J-1 physicians are generally certified
and sponsored by the Educational Commission for Foreign
Medical Graduates (ECFMG), which assesses the readiness
of international medical graduates to enter residency
or fellowship programs in the United States.
J-1 applicants
who come for medical education or training are automatically
subject to the two-year foreign residence requirement.
J-1 physicians must either return to their home country
or country of last foreign residence for an aggregate
of two years or have the requirement waived before
they may change their status to H-1B or L-1, or apply
for permanent residency. This visa is similar to the
US visitor visa since it allows entry into the United
States for a specific reason and for a limited amount
of time.
Further, applicants
coming to the United States on J-1 visas for the purpose
of observation, consultation, teaching, or research
are not generally subject to the home residency requirements.
H-1B Specialty
Occupation
The H-1B visa
is available for individuals in a “specialty
occupation,” which is defined as an occupation
requiring at least a bachelor's degree in a specialized
field of knowledge.
Physicians
clearly qualify as a specialty occupation, and may
be eligible for H-1B visa status.
However, it
is important to know that U.S. immigration policies
and law impose specific criteria and license requirements
for physicians seeking H-1B visas.
O-1 Extraordinary
Ability
The O-1 visa
category for Aliens of Extraordinary Ability has been
a popular option for doctors seeking employment in
the United States.
Eligibility
for O-1 visa status is limited to people with “extraordinary
ability in the sciences, arts, education, business,
or athletics, which has been demonstrated by sustained
national or international acclaim.”
Not every
applicant in the professions above mentioned will
be eligible for this type of visa. You should consult
with immigration lawyers in USA to determine the most
appropriate and expedited method for you to gain entry
into the United States.
TN Treaty NAFTA
for Canadians and Mexicans
Physicians
from Canada or Mexico may be eligible to enter the
United States in TN visa status to teach or perform
medical research.
However,
the TN visa is NOT AVAILABLE for physicians
seeking to practice medicine and provide patient care
in the United States.
To qualify
for the TN visa, the applicant must prove Canadian
or Mexican citizenship, show that he or she has earned
an M.D. or Doctor en Medicina degree, and provide
proof of a state or provincial medical license.
As
I have indicated in other pages on this site, this
type of visa along with the US visitor visa, is incredibly
technical and complex and you should not apply for
it before at least consulting an immigration lawyer.
Best of
luck to you!
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