H1B
for Physicians
19 October 2001
The H1B is a temporary
nonimmigrant work permit that allows an H1B holder to work at
a sponsoring U.S. employer for an initial period of 3 years,
renewable up to six years (sometimes longer in certain circumstances).
It is often considered preferable to the J-1 visa because it
carries no two year home residency requirement (this requirement
always attaches to J-1 physicians providing direct patient care,
and is difficult to waive).
The H1B is available
to eligible physicians entering the U.S. to perform teaching/research
or to provide direct patient care.
Physicians entering
the U.S. to provide direct patient care that is
not merely incidental to teaching or research must meet the
following requirements to be eligible for the H1B:
-
must have license or other authorization
required by U.S. state of intended
employment to practice medicine,
or is exempt by law therefrom if
the state requires such a license
or authorization to provide direct
patient care.
- must have full and unrestricted
license to practice medicine in a foreign state, or has graduated
from a medical school in the U.S.
- must have passed all steps
of the USMLE, or be a graduate of a US medical school.
- must demonstrate competency
in oral and written English by passing ECFMG English proficiency
test; OR, show that s/he his a graduate of a US-accredited
medical school (many Canadian medical schools are US-accredited).
An exception to the above requirements
is made for physicians who are of national or international
renown in the field of medicine.
Physicians entering
the U.S. to perform teaching and/or research with direct patient
care that is only incidental to such teaching and/or research
may also be eligible for the H1B. Again, the H1B is preferable
to entering on the J-1 because the H1B has no 2 year home residency
requirement, which often attaches to J-1 holders, and always
attaches to physicians who provide direct patient care.
See also:
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