Immigration status is a very important issue for Resident
Physicians. Here we have presented basics of H1B and J1 visa based upon our
experiences.
H1B Visa is also known as work visa. To obtain H1B
visa, you need to have completed step 3 and your program must be willing to
sponsor you. Most of the hospital systems are non-profit so once your hospital
sponsors you H1B visa you will most likely get it.
Travel: Once your
H1B visa is approved many people have it stamped on their passport from US Embassy in their home country. Once you have valid H1B visa you can travel in
and out of US as many times as you want.
Spouse: Spouse of H1B visa will be eligible for H4 visa but they usually cannot work on this status. (There are few
recent changes with H4 visa work permit, please confirm with your hospital
attorney.)
Pathway to Permanent
Residency/ Green Card: Once you complete residency you can apply for
work with any organization that will sponsor you a new H1B visa and you will be eligible
to apply for Green Card.
Pathway to fellowship: You could go for
fellowship on H1B visa but you have restriction to programs that offer H1B visa if you want to maintain your H1B status. Or you could as well change your status to J1 visa for fellowship. Or
you may want to wait till you have permanent residency before going into
fellowship.
J1 Visa is also known as exchange visitor visa. You
need approval from Ministry of Health in Nepal and obtain a statement of need. ECFMG sponsors J1 visa and the programs who take IMGs support it. If you match in a program that offers H1B
visa but you do not have enough time to process H1B or do not meet requirement
for H1B like completion of step 3, you may still be able to get J1 visa. Once you get your J1 visa approved you will need to go to US Embassy in Nepal to get it stamped.
Travel: Although your DS 2019 is approved for three years US embassy usually gives J1
visa for one year. You can easily extend your J1 visa while in US without having to travel to Nepal yearly for extension. However
if you travel back to Nepal after your visa has expired, you will have to go to
US Embassy and get it stamped prior to returning to US.
Spouse: Spouse of J1 will be eligible for
J2 visa and will be able to work after obtaining work permit.
Pathway to Permanent Residency/ Green Card: Once you complete residency you can apply for work with hospitals that qualify for J1 waiver. Most of them are located in rural or under-served areas. There are 30 spots for Conrad J1 waiver in each state. States like New York, New Jersey are competitive and many states offer waiver positions to primary care than specialist. You need to work for three years to meet waiver requirement. You should start looking for job by middle of the second year of your residency if you are particular about the area you want to live and work. You will be eligible to apply for Green Card only after completion of J1 waiver.
Pathway to fellowship:You could join fellowship on J1 visa. Many University programs will sponsor J1 visa for their fellowship applicants.
So depending on your priorities and circumstances decide which visa is better for you? We hope this information will be helpful to make your decision regarding programs that sponsor H1B Vs J1 visa during residency.
If you have any issue regarding immigration and visa, hospitals offering you residency position will refer you to their immigration lawyer. Feel free to ask for help.
Disclaimer: these are practical tips for applicants and should not be construed as legal advise.
