Visas Options for Training in the United States of America
By Vinay A. Shah, MD (bio)
Millions of foreign visitors travel to the U.S. each year. Others come to live here permanently. International visitors and immigrants add greatly to the nation's cultural, education and economic life. The US welcomes them. At the same time, the US needs to do everything to keep everyone here, safe. The US believes in secure borders and open doors.
A citizen of a foreign country, wishing to enter the U.S., generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Having a U.S. visa allows you to travel to a port-of-entry (airport, for example) and request permission of the Department of Homeland Security, Customs Border Protection immigration officer to enter the U.S. A visa does not guarantee entry into the United States (http://travel.state.gov/visa/visa_1750.html).
Foreign national physicians who seek entry into U.S. programs of graduate medical education or training must obtain an appropriate visa that permits clinical training activities. In this article we will talk about the various visas that can be obtained for ophthalmology training/observerships purposes in the United States.
Visitor Visa
For observing, this visa may be sufficient. However you will not be able to be employed with this visa and your time you can visit the US is limited. You have to return back to your country before this visa expires.
H1 B Visa
An H-1B Visa (Specialty Occupation) is a non-immigrant visa that is available to a foreign national who has been offered a job by a United States company for services to be performed in the United States. H-1B Visas are available to workers in specialty or professional occupations. It allows you to stay and work in the U.S. for an initial period of three years, but not to exceed six years. H-1B Visa holders can travel in and out of the United States, when it has been granted by a United States Consulate. Spouses and unmarried children under the age of 21 may receive visas as well however a dependent of H1B visa is H4 visa with which the dependent cannot be employed in the US. You have to get paid salary comparable to the prevalent wages for that particular job. Thus as an ophthalmology trainee you would be able to do a residency or a fellowship (clinical or research) with this visa. The important thing to remember to qualify for this visa (which is probably the best visa to train with) is that you have to have completed your USMLE step III and your program should be agreeable to sponsor this visa (Many universities and programs may not sponsor new H1B visas, while some may transfer one if you are already on one).
Reference: http://www.globallawcenters.com/h_1b.php
J Visa
J-1 status is granted to an individual having a residence in a foreign country which he/she has no intention of abandoning. J-1 Exchange Visitor Program currently sponsors J-1 exchange visitors in the Student, Residents, Fellows, Professor, Research Scholar and Short Term Scholar categories.
The amount of time given on the DS-2019 depends on the exchange visitor’s category in which the visitor was admitted:
Some examples:
Short Term Scholars: 1 day to 6 months with no extensions.
Professors: Minimum 3 weeks with maximum duration of 5 years*
Research Scholars: Minimum 3 weeks with maximum duration of 5 years*
*The five-year period is not an aggregate of 5 years. It is a continuous 5-year period given to a scholar on a “use it or lose it” basis. In order to take advantage of the full 5-year period, J-1 Research Scholars and/or Professors must have a continuous academic appointment, J-1 Program Sponsor in the U.S. They must maintain J-1 immigration status and they must have a continuous J-1 immigration record.
Twelve Month Bar - If the Exchange Visitor has spent more than 6 months in any J category, except Short Term Scholar, he or she will not be eligible to return to the U.S. as a J-1 Research Scholar or Professor for 12 months after his or her departure.
24-Month Bar - If a visiting scholar has been in the U.S. for 6 months or more as a Professor or Research Scholar, he or she cannot begin a new J program in the those categories for 24 months after the previous program end date. An understanding of this regulation helps explain why it is necessary to know an incoming scholar's previous visa statuses. (He or she could still come as a "Short Term Scholar' for up to 6 months.)
Two-year home residency requirement (212-e)- Those who are subject to this requirement may not change their status to another nonimmigrant classification within the U.S.(except to an A or G status), are not eligible to become permanent residents, and cannot obtain an H-1B or L visa until they have lived in the country of last legal permanent residence for two years after completing their J-1 program. Exchange visitors who are subject to this requirement are either: financed in whole or in part by the U.S. or home country's government; or
from countries where their specific skills are needed, as determined by the Exchange Visitor Skills List; or medical doctors who come to the U.S. for advanced medical education or training.
An individual cannot apply for an O visa in his or her own name. A U.S. Employer or U.S. agent, manager, concert venue, or other sponsor must file the Petition. Thus if you are extraordinary and your program wants you, you could perform a clinical or research fellowship on this visa.
http://www.globallawcenters.com/o_1.php
Disclaimer: This is not legal advice. We do not take any responsibility for accuracy of information provided. Please use this information at your own risk.
Official website: http://travel.state.gov/
Millions of foreign visitors travel to the U.S. each year. Others come to live here permanently. International visitors and immigrants add greatly to the nation's cultural, education and economic life. The US welcomes them. At the same time, the US needs to do everything to keep everyone here, safe. The US believes in secure borders and open doors.A citizen of a foreign country, wishing to enter the U.S., generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Having a U.S. visa allows you to travel to a port-of-entry (airport, for example) and request permission of the Department of Homeland Security, Customs Border Protection immigration officer to enter the U.S. A visa does not guarantee entry into the United States (http://travel.state.gov/visa/visa_1750.html).
Foreign national physicians who seek entry into U.S. programs of graduate medical education or training must obtain an appropriate visa that permits clinical training activities. In this article we will talk about the various visas that can be obtained for ophthalmology training/observerships purposes in the United States.
Visitor Visa
For observing, this visa may be sufficient. However you will not be able to be employed with this visa and your time you can visit the US is limited. You have to return back to your country before this visa expires.
H1 B Visa
An H-1B Visa (Specialty Occupation) is a non-immigrant visa that is available to a foreign national who has been offered a job by a United States company for services to be performed in the United States. H-1B Visas are available to workers in specialty or professional occupations. It allows you to stay and work in the U.S. for an initial period of three years, but not to exceed six years. H-1B Visa holders can travel in and out of the United States, when it has been granted by a United States Consulate. Spouses and unmarried children under the age of 21 may receive visas as well however a dependent of H1B visa is H4 visa with which the dependent cannot be employed in the US. You have to get paid salary comparable to the prevalent wages for that particular job. Thus as an ophthalmology trainee you would be able to do a residency or a fellowship (clinical or research) with this visa. The important thing to remember to qualify for this visa (which is probably the best visa to train with) is that you have to have completed your USMLE step III and your program should be agreeable to sponsor this visa (Many universities and programs may not sponsor new H1B visas, while some may transfer one if you are already on one).
Reference: http://www.globallawcenters.com/h_1b.php
J Visa
J-1 status is granted to an individual having a residence in a foreign country which he/she has no intention of abandoning. J-1 Exchange Visitor Program currently sponsors J-1 exchange visitors in the Student, Residents, Fellows, Professor, Research Scholar and Short Term Scholar categories.
The amount of time given on the DS-2019 depends on the exchange visitor’s category in which the visitor was admitted:
Some examples:
Short Term Scholars: 1 day to 6 months with no extensions.
Professors: Minimum 3 weeks with maximum duration of 5 years*
Research Scholars: Minimum 3 weeks with maximum duration of 5 years*
*The five-year period is not an aggregate of 5 years. It is a continuous 5-year period given to a scholar on a “use it or lose it” basis. In order to take advantage of the full 5-year period, J-1 Research Scholars and/or Professors must have a continuous academic appointment, J-1 Program Sponsor in the U.S. They must maintain J-1 immigration status and they must have a continuous J-1 immigration record.
Twelve Month Bar - If the Exchange Visitor has spent more than 6 months in any J category, except Short Term Scholar, he or she will not be eligible to return to the U.S. as a J-1 Research Scholar or Professor for 12 months after his or her departure.
24-Month Bar - If a visiting scholar has been in the U.S. for 6 months or more as a Professor or Research Scholar, he or she cannot begin a new J program in the those categories for 24 months after the previous program end date. An understanding of this regulation helps explain why it is necessary to know an incoming scholar's previous visa statuses. (He or she could still come as a "Short Term Scholar' for up to 6 months.)
Two-year home residency requirement (212-e)- Those who are subject to this requirement may not change their status to another nonimmigrant classification within the U.S.(except to an A or G status), are not eligible to become permanent residents, and cannot obtain an H-1B or L visa until they have lived in the country of last legal permanent residence for two years after completing their J-1 program. Exchange visitors who are subject to this requirement are either: financed in whole or in part by the U.S. or home country's government; or
from countries where their specific skills are needed, as determined by the Exchange Visitor Skills List; or medical doctors who come to the U.S. for advanced medical education or training.
Spouses of J1 visa holder can work with a work permit. They may be able to also enroll into a residency program with the work permit.
J1-Research Visa Bottom line
This visa will allow you to perform research but will not allow participating in any clinical activity (with the exception of research related activity). This is a good visa for a person coming for a research fellowship. Also depending on the country of origin (where the visa was issued) you may or may not be subjected to the 2 year home (212-e) rule. However for most countries the 212-e rule will apply. The other benefit of this visa is that in many circumstances the 212 e can be waived by a no objection certificate from your home country. This may allow you to change your visa status to perform more clinical activity later however there has to be a valid approved reason for this change.
J1 Visa (Clinical)
This is the most common visa used by foreign national physicians, a temporary nonimmigrant visa reserved for participants in the Exchange Visitor Program. As a public diplomacy initiative of the U.S. Department of State, the Exchange Visitor Program was established to enhance international exchange and mutual understanding between the people of the United States and other nations. In keeping with the Program's goals for international education, J-1 exchange visitor physicians are required to return home for at least two years following their training before being eligible for certain U.S. visas.
The U.S. Department of State has designated the Educational Commission for Foreign Medical Graduates (ECFMG) as the visa sponsor for all J-1 exchange visitor physicians who participate in clinical training programs. ECFMG administers its sponsorship program in accordance with the provisions set forth in a Memorandum of Understanding between ECFMG and the Department of State and the federal regulations established to implement the Mutual Educational and Cultural Exchange Act of 1961. ECFMG is responsible for ensuring that J-1 physicians and host institutions meet the federal requirements for participation. ECFMG does not sponsor physicians for other U.S. visa types. Thus J1 visa you could perform ophthalmology residency and both research and clinical fellowships.
J1-Research Visa Bottom line
This visa will allow you to perform research but will not allow participating in any clinical activity (with the exception of research related activity). This is a good visa for a person coming for a research fellowship. Also depending on the country of origin (where the visa was issued) you may or may not be subjected to the 2 year home (212-e) rule. However for most countries the 212-e rule will apply. The other benefit of this visa is that in many circumstances the 212 e can be waived by a no objection certificate from your home country. This may allow you to change your visa status to perform more clinical activity later however there has to be a valid approved reason for this change.
J1 Visa (Clinical)
This is the most common visa used by foreign national physicians, a temporary nonimmigrant visa reserved for participants in the Exchange Visitor Program. As a public diplomacy initiative of the U.S. Department of State, the Exchange Visitor Program was established to enhance international exchange and mutual understanding between the people of the United States and other nations. In keeping with the Program's goals for international education, J-1 exchange visitor physicians are required to return home for at least two years following their training before being eligible for certain U.S. visas.
The U.S. Department of State has designated the Educational Commission for Foreign Medical Graduates (ECFMG) as the visa sponsor for all J-1 exchange visitor physicians who participate in clinical training programs. ECFMG administers its sponsorship program in accordance with the provisions set forth in a Memorandum of Understanding between ECFMG and the Department of State and the federal regulations established to implement the Mutual Educational and Cultural Exchange Act of 1961. ECFMG is responsible for ensuring that J-1 physicians and host institutions meet the federal requirements for participation. ECFMG does not sponsor physicians for other U.S. visa types. Thus J1 visa you could perform ophthalmology residency and both research and clinical fellowships.
For more information please visit: http://www.ecfmg.org/evsp/j1fact.html
J1 Visa Clinical bottom line
This is a relatively easy visa to get and start a residency. Many of the Universities will only sponsor J1 visa and will not offer H1B (Some will sponsor H1 B if you already posses one but will not apply for a new one for you). Please ask the programs individually for the visa requirements while applying, however you want to be careful as having a specific visa preference may be detrimental to your residency application.
O-1A Extraordinary Ability (Science, Education, Business, or Athletics)
The O-1A category applies to individuals who have extraordinary ability in the sciences, education, business, or athletics which has been demonstrated by sustained national or international acclaim. The individual must be coming to the U.S. to work in his or her area of extraordinary ability or achievement.
J1 Visa Clinical bottom line
This is a relatively easy visa to get and start a residency. Many of the Universities will only sponsor J1 visa and will not offer H1B (Some will sponsor H1 B if you already posses one but will not apply for a new one for you). Please ask the programs individually for the visa requirements while applying, however you want to be careful as having a specific visa preference may be detrimental to your residency application.
O-1A Extraordinary Ability (Science, Education, Business, or Athletics)
The O-1A category applies to individuals who have extraordinary ability in the sciences, education, business, or athletics which has been demonstrated by sustained national or international acclaim. The individual must be coming to the U.S. to work in his or her area of extraordinary ability or achievement.
An individual cannot apply for an O visa in his or her own name. A U.S. Employer or U.S. agent, manager, concert venue, or other sponsor must file the Petition. Thus if you are extraordinary and your program wants you, you could perform a clinical or research fellowship on this visa.
http://www.globallawcenters.com/o_1.php
Disclaimer: This is not legal advice. We do not take any responsibility for accuracy of information provided. Please use this information at your own risk.
posted by MedRounds Publications at 8:29 PM
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