H1b eligibility

This is a discussion on H1b eligibility within the H-1B Worker Visas forum, part of the IMMIGRATION LAW category; I graduated from an one year healthcare specialty program and earned a Certificate degree.I just started the postcompletion OPT and ...

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Old Nov 20th, 2008, 04:25 PM   #1
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Lightbulb H1b eligibility

I graduated from an one year healthcare specialty program and earned a Certificate degree.I just started the postcompletion OPT and start looking for jobs looking for a longterm one,hoping that my employer will apply for my H1b visa in April.
I recently have been told that I have no chance because I don't have the appropriate degree earned in US.I have an MD/ PhD degree not issued in US but recognized by WES.
Can someone tell me if I am eligible for H1b from this point of view?
Thank you
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Old Nov 20th, 2008, 05:19 PM   #2
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Default Re: H1b eligibility

I have found the info showing below on the web, but I'm not sure how much it is related to your situation...

H-1B Visa Options and Requirements for Doctors
H-1B Visa Options for Doctors | H1B Visa Requirements

H-1B Visas for Physicians
Foreign medical graduate physicians may utilize the H-1B visa category if they are performing research or teaching or providing direct patient care as a medical doctor. A physician may also obtain an H-1B visa by participating in a residency program.

Most physicians enter the United States on a J1 visa for their graduate medical training. After completing their training, the doctor must return home for two years pursuant to Section 212(e) of the Immigration and Nationality Act. However, if they obtain a waiver of the two year home country residency requirement, they may apply for an H-1B visa. Many J1 waivers, such as the Conrad 30 waiver, ARC waiver, DRA waiver and VA waiver, require the doctor to work for three years at the designated facility under the terms specified by the interested agency or by law. Consequently, the physician must apply for an H-1B visa to work lawfully for the three year period. If the physician works for a non-profit or public institution (or a VA facility), he or she is also not subject the 65,000 numerical H-1B cap. At the end of the three year period, the physician may apply for lawful permanent residency. It is important to note that if the physician violates the terms of their employment as specified by the waiver during the three year period, the physician will become subject to the two-year home country residency requirement.

Clinical Physicians and Residency Program Participants
In order for a clinical physician or a graduate medical trainee (in a residency program) to qualify for H-1B status, the physician must meet the following standard H-1B requirements, licensure and credential requirements as specified below:

Standard H-1B visa requirements apply to Physicians:
  • The position must be a specialty occupation. By definition doctors fall within the regulatory definition of a “specialty occupation.”
  • The hospital, private practice or public health care institution must pay the doctor the prevailing wage as set forth in the Department of Labor’s (DOL) regulations.
  • The employer must file an H-1B petition on behalf of the doctor, and the doctor must work for the petitioning employer pursuant to the terms of the approved H-1B status. The doctor may work part-time for more than one hospital if each hospital petitions the physician. Of course, it should be noted that if the doctor obtained a J1 visa waiver in conjunction with the H-1B petition, part-time employment is likely not an option.
  • The employer must file a labor condition application (LCA) with the DOL. The Immigration Attorney will assist the employer in complying with the DOL’s regulatory requirements for filing the LCA.

Credentialing and Licensing Requirements for doctors providing patient care (including graduate medical trainees in a residency program):



These requirements do not apply to doctors who have graduated from U.S. medical schools or to doctors who are primarily teaching or conducting research at a public or nonprofit private educational or research institution.
  • Degree Requirement: The physician must demonstrate that he or she has a degree from an accredited medical school in the U.S. or have a full and unrestricted license from the physician’s foreign country or have the foreign degree equivalent of an M.D. degree in the U.S. Thus, the physician must be a graduate of an accredited University as approved by the Secretary of Education.
  • English Competency Requirement: The physician must demonstrate competency in written and oral English examination administered by the Educational Commission for Foreign Medical Graduates (ECFMG). Canadians are not subject to the English proficiency requirement.
  • Examination Requirements: The physician must have passed the United States Medical Licensing Examination (USMLE) Parts 1, 2 and 3. The Federation Licensing Examination (FLEX) and the National Board of Medical Examiners (NBME) certifying examinations have been replaced with the USMLE. As such, the USCIS will not accept a combination of examinations for purposes of H-1B eligibility.
  • Licensing Requirement: The doctor must have an unrestricted state license which allows them to practice medicine in the state where they practice medicine or have authorization to practice medicine. Every state has unique requirements regarding post-graduate medical training, educational requirements, and licensing requirements. Doctors who have graduated from a U.S. medical school or who are internationally renowned in the field must demonstrate that they have the appropriate state license. However, these physicians do not need to demonstrate their competency in English or have passed the USMLE.
  • ECFMG: Physicians entering the U.S. to participate in medical training programs must obtain ECFMG certification. The physician must pass 4 examinations to receive certification, USMLE Parts 1 and 2, Test of English as a Foreign Language (TOEFL) and Clinical Skills Assessment (CAS).

To learn about your H-1B options contact Ranchod Law Group office at 415-986-6186 or info@j1visawaiver.net.
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Old Nov 21st, 2008, 07:23 AM   #3
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Lightbulb Re: H1b eligibility

Thanks!
But you are right,it is not about that.It is about the US program degree granted after graduation as an H1B visa eligibility criteria and if other degrees not earned in US can serve in the process?!
I really appreciate your response,thanks again.
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