Immigration for Medical and Academic Physicians,

and Foreign National Medical Students

Foreign-born physicians have long served a vital role in maintaining the American healthcare system.  Whether you are a recently graduated foreign medical student or an established academic or medical physician, the United States recognizes your importance and offers numerous opportunities for you and you family to obtain U.S. work authorization, permanent residency, and U.S. citizenship.

by Stethoscopes

Foreign national physicians have multiple immigration options.  Determining the appropriate immigration approach is based upon a physician’s particular career and family goals.  If you would like to learn about what immigration approach might be appropriate for you, please contact Gafner Law Firm.

The following is a nonexhaustive list of possible immigration solutions for medical physicians, academic physicians and foreign national medical students.

Possible Immigration Solutions

Temporary Visas

J-1 Waiver – Certain medical and academic physicians may be required to obtain a J-1 waiver.  A waiver allows an applicant to seek an immigration status without being subject to the two-year home residency requirement often imposed upon J-1 applicants.

H-1B Visa – Medical and academic physicians may be eligible for an H-1B visa if certain criteria are met concerning the applicant’s qualifications and the position’s requirements.  Applicants may also be required to obtain a J-1 waiver.

O-1 Visa – Medical and academic physicians who can demonstrate that they have “extraordinary ability” are eligible for the O-1 visa.  Demonstrating “extraordinary ability” requires documentation of an applicant’s career accomplishments to the immigration agency.

Permanent Residency

EB 1-1 – Medical and academic physicians who can demonstrate that they have extraordinary abilities in their field of expertise will be able to obtain permanent residency as an EB 1-1 status holder.  Recipients of this category need not have an offer of employment.

EB 1-2 – Medical and academic physicians who can demonstrate that they are outstanding professors or researchers may qualify for permanent residency as an EB 1-2 status holder.

National Interest Waiver – Medical and academic physicians who can demonstrate that their employment will  be in the United State’s “national interest” may be able to obtain permanent residency.