Foreign Affairs Manual - J1 Visa Waivers

Foreign Affairs Manual

41.53 N4.2-3 Graduates of Foreign Medical Schools

(TL:VISA-64; 08-07-1992)
An alien graduate of a medical school, as defined in INA 101(a)(41), may enter the United States as an H-1B nonimmigrant to perform services as a member of the medical profession if he or she has a full and unrestricted license to practice medicine in a foreign state, or has graduated from a medical school in a foreign state, and meets the requirements of 9 FAM 41.53 N4.2-5 or 9 FAM 41.53 N4.2-6 below.

41.53 N4.2-4 Coming to Teach or Conduct Research

(TL:VISA-64; 08-07-1992)
An alien physician may be classified H-1B if he or she is coming to the United States primarily to teach or conduct research, or both, at or for a public or nonprofit private educational or research institution or agency. Such an alien may only engage in direct patient care which is incidental to his or her teaching and/or research.

41.53 N4.2-5 Coming to Perform Direct Patient Care

(TL:VISA-64 08-07-1992)
An alien physician may engage in direct patient care in the United States as an H-1B nonimmigrant if he or she:
(1) Has a license or other authorization from the state of his or her intended employment, if the state requires a license or authorization;
(2) Has passed the United States Medical Licensing Exam (USMLE); and
(3) Has competency in oral and written English which is demonstrated by:
(a) Having passed the English language proficiency test given by the Educational Commission for Foreign Medical Graduates (ECFMG); or
(b) Having graduated from a school of medicine accredited by a body or bodies approved for that purpose by the Secretary of Education, whether or not the school is located in the United States.

41.53 N4.2-6 Alien Graduates of United States Medical Schools

(TL:VISA-64; 08-07-1992)
An alien graduate of a medical school in the United States may perform any medical service as an H-1B nonimmigrant, including services primarily involving direct patient care, provided that he or she is licensed or otherwise authorized to practice in the state of intended employment.

41.53 N4.2-7 Alien Physicians Not Eligible for H-2B or H-3 Classification

(TL:VISA-64; 08-07-1992)
Alien physicians who are coming to the United States to perform medical services or receive graduate medical training are statutorily ineligible to receive H-2B or H-3 status. Such aliens must qualify for H-1B, J-1, or immigrant visas.

41.53 N4.2-8 Aliens in Department of Defense Cooperative Research and Development or co-production Projects

(TL:VISA-615; 04-28-2004)
a. Aliens coming to the United States, pursuant to Section 222 of the Immigration Act of 1990, to participate in a cooperative research and development project or a co-production project under a government-togovernment agreement administered by the Department of Defense (DOD) are classifiable as H-1B nonimmigrants. Such aliens must perform services of an exceptional nature requiring exceptional merit and ability. For purposes of this classification, services of an exceptional nature shall be those which require a baccalaureate or higher degree (or its equivalent, as determined by Department of Homeland Security (DHS)) to perform the duties.
b. The requirement for filing a labor condition application with the Department of Labor (DOL) does not apply to petitions involving DOD cooperative research and development or co-production projects.