Visa Overview

A visa grants a foreign national permission to enter the United States. There are "nonimmigrant visas" which permit a foreign national to remain in the United States temporarily to work, visit relatives or attend school. Alternatively, an "immigrant visa" permits a foreign national to remain in the United States permanently. A permanent resident has the right to become a naturalized citizen after three to five years. Most nonimmigrant visas are not subject to numerical caps; whereas, immigrant visas are numerically limited according to country and class, e.g., job skills or family relationships.

As an attorney, my practice solely focuses on two types of nonimmigrant visas for physicians: J-1 Waivers and H-1B Visas.

   1. J-1 Visa Waivers

The J-1 visa category includes foreign nationals who will participate in a program approved by the U.S. Information Agency. Participants include students, scholars, trainees, teachers, professors, research assistants, specialists, or leaders in a field of specialized knowledge. Certain exchange visitors are required by law to return to their home country for a period of two years to impaft the knowledge they have gained while in the United States. Once the visitor has completed the two years at home, he/she may re-apply to enter the United States.  Spouses of J-1 nonimmigrants are issued J-2 visas and may be permitted to work in the United States.

A J-1 Visa duration depends on the rules established by your particular Vistor Exchange program. To determine the duration of your program, review your IAP-66 or Certificate of Eligibility. You stay, however, may be extended under the J-1 Visa if your total stay period does not exceed the maximum duration of stay for the program and your program sponsor agrees to your extension.

Medical residents/interns receiving medical training in the U.S. have a maximum duration stay of 7 years.

To determine if you are subject to the two-year residency requirement, you should first examine your IAP-66 (Certificate of Eligibility) along with your J-1 Visa. The two-year foreign residency requirement applies if you IAP-66 indicates the phrase, "subject to the two year residency requirement" is checked off (located on the left corner of your IAP-66). You may also be subject to the two year requirement if your J-1 visa contains the notation "212(E) TWO YEAR RULE APPLIES."

   2. H-1B: Temporary Professional Workers

H-1B visas include those persons coming to the United States to engage in "specialty occupations." This includes all professionals holding bachelor's degrees or persons who can show professionalism based on a combination of schooling and specialized work experience.

An H-1B Visa requires a prearranged job, which may be temporary or permanent in nature, and must be in a professional field. The employer must file an "attestation" with the U.S. Department of Labor, which will pay the foreign national the higher of the prevailing or actual wage for the job, and provide adequate working conditions, among other things.

The initial period of admission is three years, with a second three-year period available. After remaining in the United States for six years on an H-1B visa, a foreign national is required to live abroad for one year before re-entering the United States in H or L visa status. The H-1B class in subject to an annual cap of 65,000.