Foreign medical graduates often desire to leave their country to further their careers in the United States. The H-1B is highly sought after by foreign professionals seeking employment in specialty occupations within the U.S. However, obtaining an H-1B visa for doctors and physicians comes with its own set of requirements.
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Because of the high demand for this class of visa, having your application approved for an H-1B visa or getting H-1B status is not always easy. Having a thorough understanding of the visa requirements and heeding legal counsel can help you avoid common delays and pitfalls.For H1B Visa Process Visit Orphosyscorp
In the past, physicians have been using the J-1 visa to practice in the U.S. This option, however, came with a two-year foreign residency requirement after medical training that was often hard to fulfill. Now, under the Immigration and Nationality Act of 1990, medical professionals were able to apply for the H-1B visa for doctors to avoid the residency requirement.
U.S. employers are allowed to legally hire qualified foreign professionals on a temporary basis based on their acquired skills. In order to be eligible for the H-1B visa, the U.S. employer as well as the potential employee must follow the USCIS conditions and regulations. The visa requirements strive to ensure that the U.S. employer and foreign professional comply with the Department of Labor standards.
An H-1B visa for doctors can be obtained by applicants who aim to:
A. To teach or conduct research at a public or nonprofit private educational institution
B. To participate in a residency program
C. For employment for a U.S. company that complies with USCIS conditions and regulations as a physician or doctor
The U.S. Department of Labor sums up the H-1B application process in three steps:
A. Submit a labor condition application (LCA) to the Office of Foreign Labor Certification (OFLC).
B. Once the LCA has been certified by the OFLC, submit it to the USCIS along with the “Petition for Nonimmigrant Worker,” Form I-129. While the petition includes some of the same information as the LCA, the USCIS reviews information on both documents to determine whether the job meets the requirements of a specialty occupation.
It also decides whether the prospective H-1B worker meets the statutory requirements in that occupation. USCIS approval is provided by Form I-797. To know more information on H1B Visa check Pdagreen
C. Any foreign workers located outside the U.S. should go to the Department of State (DOS) to obtain a visa to work in the U.S. with a specific employer for a designated calendar period of time.
If the foreign worker is already in the United States, USCIS provides the nonimmigrant an I-797 approval notice which gives the individual the ability to work pursuant to the approved H-1B petition.
Once an employer obtains the certified LCA and the approved petition, the Wage and Hour Division (WHD) enforces the attestations within the LCA. This includes the material facts and labor condition statements.