Foreign Physicians that are ECFMG certified, passed USMLE or International Medical Graduates can obtain permanent residence

Physicians
U.S. Permanent Residence (Green Card) For ECFMG certified Foreign Physicians

As an Immigration Attorney law office, we specialize in obtaining permanent residence for Foreign Physicians, whether on work visas (H-1) or exchange visitor visas (J-1). For foreign physicians or International Medical Graduates, whether you have been certified by ECFMG, passed USMLE, or just started residence; it is never too early to start preparation on the application for U.S. permanent residence. We can help you every step of the way.

Today, 24% of practicing physicians across the U.S. are foreign born and received their basic medical training in foreign medical schools. Every year thousands of international medical graduates come to the U.S. to receive graduate training either for residence or specialties. The majority of these medical graduates hold an exchange visitor visa known as J-1. Under Section 212(e) of the Immigration and Nationality Act (INA), holders of a J-1 visa who enter the U.S. to receive medical training or education must return to their country of citizenship or place of last residence where they obtained their J visas. Those who have not done so are ineligible for work status/visas (such as L or H) or adjustment of status to permanent residence. With a few exceptions for citizens of industrialized countries, the majority of the foreign physicians must depart the U.S. and reside in their home countries or place of residence for two years.

The Waiver Division of the State Department (formerly United States Information Agency) and Bureau of Citizenship and Immigration Service (formerly Immigration and Naturalization Service) have been strictly enforcing the home residence requirement. Anyone subject to this rule must comply with it unless she can establish that she will be subject to persecution or her U.S. citizen/resident family members are subject to extreme hardship if she departs the U.S. Few such applications have been approved. Another exception is the notion of impossibility. Under this doctrine, applicant must convince the Waiver Division that she has extreme reasons such as loss of former citizenship thus should be relieved of the obligation of the two years residence. This door was shut before anyone could enter. An officer in the Waiver Division told the author her office "does not recognize such exception".

So much for the exceptions.

The real light in the tunnel is the sponsorship by interested government agencies known as IGA waiver. This waiver allows many foreign physicians to stay, work, and adjust status to that of permanent resident. Please check J-1 Waiver of our web site for details of IGA waiver.

Once the foreign physician is granted the waiver. He will work, under the program of the sponsoring agency, in work visa (H-1) status for the agreed length of time, usually three years. He may apply for employment-based immigration and be approved within the three years period but he must wait until the end of the three years before he can apply to adjust his status. Application for adjustment of status submitted before the end of the three years will be rejected.

While the foreign physician is fulfilling his three years obligation, his spouse and minor children are permitted to work and attend school.

Useful Links:

Federation of State Medical Boards

Educational Commision for Foreign Medical Graduates

National Board of Medical Examiners

United States Medical License Examination

As a public service, we have connected the web sites of BCIS forms and on-line status check, on all of our major sections, for our readers. You can download and print any BCIS forms, get the information on application fees, and check the status of your application to the BCIS.

BCIS Forms

On-Line Status Check

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.