Immigration and Nationality Law

Law Offices of Annette Brigsted

INFORMATION ABOUT NON-IMMIGRANT VISAS

Non-Immigrant Visa Categories



J-1 Visa
1. J-1 visa categories
  • Specifically includes aliens physicians receiving graduate medical training in the United States
  • Training can be clinical or non-clinical
  • Period of stay up to seven years
  • Foreign medical graduates must be sponsored by the Educational Commission on Foreign Medical Graduates (ECFMG)
  • J-1 physicians always subject to the two-year foreign residence requirement
2. Basic J-1 visa requirements
  • Standard nonimmigrant visa requirements must be satisfied
  • Maintenance of home/residence in foreign country
  • Temporary intent/will return home upon completion of training program
  • Routine security clearance plus additional scrutiny for nationals of Middle Eastern countries
  • To qualify for ECFMG sponsorship, foreign medical graduates must satisfy specific testing requirements.
  • If graduate of either U.S. or Canadian medical medial school accredited by the Liaison Committee on Medical Education - exempt from above-mentioned testing requirement
  • Training program will not exceed "standard" time
  • Must return home unless two-year foreign residence requirement is waived

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H-1B Visa
A. Basic Requirements
  • Applicant possesses, at a minimum, a bachelor's degree in a directly relevant academic discipline
  • Position requires, at a minimum, a bachelor's degree
  • H-1B visa category not limited to direct patient care. Can also conduct research, teach and receive graduate medical training
  • A better visa option for foreign medical graduates who wish to receive medical training - as there is no two-year home residence requirement

B. Additional requirements for foreign physicians
  • FLEX Examination or designated equivalent
    i. Previously NBME (Parts 1-3) or USMLE (Steps 1-3)
    ii. Currently only USMLE (Steps 1-3)

  • ECFMG English language certificate (TOEFL)
    i. Does not apply to graduates of U.S. medical schools

  • M.D. diploma (in foreign state) or full unrestricted license to practice medicine in foreign state
  • License or other authorization required by that state to practice medicine in that state. Can be, in some states, a provisional or training license
  • Exemptions for Canadian nationals
    i. Most states in the U.S. recognize the Canadian Licensure Exam (LMCC) for licensure purposes, i.e. requirement (4) above
    ii. Graduates of Canadian medical schools accredited by LMCC also need not establish English competency, i.e requirement (2) above
    iii. Graduates from an LMCC accredited medical school in Canada are still required to satisfy the FLEX examination/credentialing requirement, i.e. (1) above
    iv. Licensure and credentialing/examination are tow totally different requirements and must be approached accordingly

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TN Visa

  • Applicable only to citizens/nationals of Canada or Mexico
  • Authorizes only research-related duties, i.e. not clinical medicine
  • Basic requirements:
    i. Medical degree
    ii. Job offer from U.S. employer
    iii. Performing research duties only

  • Admission procedures for Canadian nationals
    i. Documentation submitted directly at airport/port of entry
    ii. Admission period is one year (can be renewed)

  • Admission procedures for Mexican nationals
    i. Unlike Canadian citizens, requires pre-filing with the Citizenship and Immigration Service (formerly INS)
    ii. Also requires submission of other typical H-1B documents
    iii. Once Approval Notice is secured, seek admission at applicable port of entry

  • Although no statutory/regulatory maximum authorized period of stay, "temporary, non-immigrant intent" is a requirement
  • Stays beyond three years in TN visa status can be problematic

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O-1 Visa
  • Individuals of extraordinary ability or achievement
  • The O-1 category is for highly talented or acclaimed foreign nationals who may not qualify in other work-related nonimmigrant categories such as H, L or J.
  • Those individuals who have entered the United States in the J-1 classification may be able to obtain the O-1 classification without first seeking a waiver of the two-year home residency requirement.
  • Foreign nationals who have entered the United States in the J-1 classification "to receive graduate medical education or training are not eligible to apply for an immigrant visa, permanent residence, or a nonimmigrant visa under the H or L classifications until they have met the two-year home residency requirement or have obtained an appropriate waiver. This prohibition does not bar an individual from applying for an O-1 visa abroad.

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