Your Immigration Visa IMGs 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, the J-1 or the H-1B visas. Several recent events affect the use of those two visas by IMGs. The J-VISA The J-1 non-immigrant visa permits completion of an accredited residency or fellowship program of up to seven years duration which leads to board certification. Following this, the resident *must* return to his/her native country or country of last residence for a period of at least two years. J-1 visas are issued by the U.S. consulate in the country to which the resident will return and are generally sponsored by the ECFMG Exchange Visitor Program. Your governmental health office must sign a document indicating the need in your home country for physicians trained in your prospective speciality. U.S. consulates sometimes refuse to issue J-1 visas when they believe the applicant does not intend to return. Since J-1 visa applications are filed after the match when the resident has salready secured a position, inability of the applicant to obtain a visa may pose a problem for residency programs. 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. Three have been available for several years; (1) a finding by the INS of exceptional hardship for a spouse or child who is a U.S. permanent resident or citizen; (2) a finding by the INS that the alien would face persecution on returning home; (3) 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 which will make a recommendation to the INS. These waivers will generally be based upon services in medically undeserved areas. Some countries, notably Canada, refuse to submit the documentation needed by its nationals to obtain a J-1 visa. Thus, it is becoming very difficult for Canadian nationals to obtain U.S. training thru the J-1 visa mechanism. Some have likened the J-visa to the HIV virus - once infected with it, you're never cured! The H-1B VISA The H-1B visa allows the prospective trainee to avoid the J-1 visa requirement to leave the U.S. for two years by petitioning for permanent resident status in the U.S. while in residency training. An applicant for an H-1B visa must be (1) ECFMG certified; (2) must have passed USMLE Steps 1, 2 AND 3 (Or NBME/FLEX combinations) AND (3) must hold a license to practice in a U.S. state or territory before application. Residency programs decide individually which type of visa they will support for their candidates for residency training. Most will NOT support H-1b applications, particularly considering their recent paucity and you should ask your programs directly which they will consider for you. I would urge you to seek the most accurate and timely information available. This analysis my own present understanding of the status of the J-1 and H-1B visas. Foreign medical graduates should verify this information themselves and make every effort to stay up to date on changes in these regulations which may affect your ability to be employed. You should liase closely with your employing hospital in this regard and may wish to retain an immigration attorney to handle the process. 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). The number of applications always exceeds the number of available visas and this year ('99) the cap was reached on April 9th, 1999. This meant that any application received after April 9th was not given a visa to start their jobs on July 1st, but had their visas issued from the 1999-2000 batch and could only start on October 1st. It appears that the Oct 1999 to Sept 2000 batch of H-1b visas will have all been allocated by December 13th 1999! You will have to think carefully about which visa is right for you, and whether an October start would be possible or permitted by your residency program. Note that the Match takes place in mid-March, and for a July start you would likely have only one week or so to secure a state medical license and submit your H-1B visa application. |
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| H-1 Friendly Residency Programs These residencies have sponsored H-1 Visas in the past ... | |
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