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J-1 Visa Waivers
There has been major concern regarding foreign-educated physicians and their entry into the United States to practice medicine. Originally, the J-1 visa waiver program was controlled by the Department of Agriculture. However, in 2002, the Department of Health and Human Services took over the program.
There are several agencies that sponsor J-1 visa waivers, but the Department of Health and Human Services is the only one with a national scope and has no limit on the number of physicians it can sponsor. Other agencies include:
- State administered Conrad 30 J-1 Program
- Regional groups, such as the Appalachian Regional Commission and the Delta Regional Authority
The J-1 visa was administered by the U.S. Information Agency (USIA) to strengthen relations between the U.S. and other countries. It fell under the purview of the USIA and not the Immigration and Naturalization Service because its main purpose is to disseminate information; its goal is to give people training and experience in the U.S. that they can use to benefit their home countries. Therefore, the program originally required that the J-1 recipients ("visitors") return to their home countries for two years to apply the knowledge they obtained in the U.S. This "home residency requirement" always applied if the visitor's education was funded by either the U.S. or their home government, if their skills were needed in their home country, or if they were in the U.S. for graduate medical education (GME).
House Approves Extension of J-1 Visa Waiver Program
The House passed by voice vote a bill (HR 4997), co-sponsored by Reps. Jerry Moran (R-Kan) and Earl Pomeroy (D-ND), that would extend by two years a program for foreign-born physicians.
International Medical Students that come to the U.S. for graduate and post-graduate medical education are typically required to leave the country for two years before applying to return. Through the J-1 visa waiver program—which was enacted in 1994 and expired June 1—that requirement is waived for medical school graduates who agree to spend three years working with patients in medically underserved areas.
H-1B (Temporary Worker)
The H-1B is the most preferred visa by IMGs and, if offered by a GME program, can often be used to attract the most qualified candidates. Foreign Medical Graduates (FMGs) may use the H-1B category if they are undertaking teaching or research or
they are performing direct patient care (either as interns or residents as part of graduate medical education, or in a private medical practice or private or public health care institution), provided several conditions are met (USMLE web).
The foreign educated doctor must have passed the Federation Licensing Examination (FLEX) (parts I and II). Equivalent examinations designated by the Secretary of Health and Human Services include the United States Medical Licensing Examination (steps 1, 2, and 3); the doctor is competent in oral or written English, as demonstrated by passage of the English language proficiency test given by the ECFMG (Educational Commission for Foreign Medical Graduates), which currently sponsors foreign doctors for graduate medical education in the J-1 category; the doctor has a full and unrestricted license to practice medicine in a foreign state or he or she has graduated from a medical school in a foreign state; he or she has a license or other authorization required by the state of intended employment to practice medicine (if the state requires such a license or authorization) (USMLE web).
B-1 Temporary Visitor for Business
B-1 visas are available to
- IMGs or international medical students (IMS) who are coming to the U.S. to take an elective course at an American medical school or hospital that is part of their formal medical education.
- IMGs who come to the U.S. to observe medical practices, to consult with other physicians on the practice of medicine, or both
- IMGs desirous of coming to the U.S. to interview for GME positions. A B-1 non-immigrant may not work in the U.S. and cannot participate in any patient care. Generally, a person may not remain in the U.S. with a B-1 for more than one year (USMLE web).
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