Foreign medical graduates often look to the United States to advance their medical careers and contribute their expertise to the U.S. healthcare system. One of the most common visa pathways for doctors and physicians is the H-1B visa, which is designed for professionals working in specialty occupations. While highly sought after, securing an H-1B visa for doctors involves meeting very specific requirements.
Because of the high demand for H-1B visas, obtaining approval can be challenging. A clear understanding of the eligibility criteria, documentation, and application steps—combined with professional guidance from the immigration attorneys at Green Card Link—can help applicants avoid unnecessary setbacks and delays.
From J-1 Visa to H-1B Visa for Physicians
Historically, many physicians relied on the J-1 visa to practice in the U.S. However, this option came with the difficult two-year foreign residency requirement after completing medical training. To address this issue, the Immigration and Nationality Act of 1990 introduced the H-1B visa for doctors, allowing qualified medical professionals to bypass the J-1 residency requirement and pursue their careers in the U.S.
Eligibility and Employment Opportunities
U.S. employers are permitted to hire qualified foreign physicians on a temporary basis to meet workforce needs. To qualify for an H-1B visa, both the employer and the physician must comply with strict regulations set by USCIS and the Department of Labor.
Doctors may apply for an H-1B visa if they plan to:
- Teach or conduct research at a recognized public or nonprofit private educational institution
- Enter a residency program in the United States
- Work for a U.S. employer in a physician role, provided all USCIS and Department of Labor conditions are met
Application Process for H-1B Visa for Doctors
The H-1B application process typically follows three major steps:
- Labor Condition Application (LCA): The U.S. employer must submit an LCA to the Office of Foreign Labor Certification (OFLC).
- Filing Form I-129 with USCIS: Once the LCA is certified, the employer submits it along with the “Petition for a Nonimmigrant Worker” (Form I-129). USCIS then determines whether the job qualifies as a specialty occupation and whether the physician meets all statutory requirements. If approved, USCIS issues Form I-797.
- Visa Issuance or Status Adjustment: Physicians outside the U.S. must apply for a visa at a U.S. consulate abroad. If the physician is already in the U.S., USCIS provides an I-797 approval notice, authorizing employment under the approved petition.
The Department of Labor’s Wage and Hour Division (WHD) enforces the attestations included in the LCA, ensuring compliance with U.S. labor laws and fair treatment of foreign workers.
Requirements for Doctors Applying for an H-1B Visa
Physicians seeking H-1B status must meet the following criteria:
- The position must qualify as a “specialty occupation” (medical professions meet this requirement).
- The physician must receive at least the prevailing wage, as determined by the Department of Labor.
- The employer must file the H-1B petition, and the doctor must work only for the petitioning employer unless multiple employers each file their own petitions.
- Applicants must hold a degree from an accredited U.S. medical school or possess a foreign equivalent of an M.D. degree.
- Applicants must demonstrate English proficiency, as verified by the Educational Commission for Foreign Medical Graduates (ECFMG).
- Successful completion of all three parts of the U.S. Medical Licensing Examination (USMLE) is required.
- Physicians must hold an unrestricted state medical license or other authorization to practice medicine in the state where they intend to work.
- To participate in U.S. medical training programs, applicants must first obtain ECFMG certification.
Additionally, under a final rule published in the Federal Register on January 17, 2017, physicians may submit expanded forms of evidence to support their H-1B petition, particularly in situations where state licensing requirements depend on visa approval. For example, a letter from a state licensing board confirming the pending status of a license can be submitted as part of the application.
Required Documents for H-1B Visa for Physicians
Submitting complete and accurate documentation is critical to a successful petition. Applicants should prepare the following:
- A copy of their medical school diploma, transcript, and course list
- An ECFMG certificate
- Passing results from the USMLE or FLEX examinations
- A valid passport copy
- Evidence of a state medical license or permit
Professional Guidance for Your H-1B Visa Petition
With ongoing changes in immigration policies and increased competition for H-1B visas, it is more important than ever for foreign physicians to prepare a thorough application. At Green Card Link, its immigration attorneys provide personalized support to ensure compliance with USCIS and Department of Labor requirements while improving your chances of approval.
Annual H-1B Cap for Doctors
One of the major challenges physicians face when applying for an H-1B visa is the annual lottery cap. Each fiscal year, U.S. Citizenship and Immigration Services (USCIS) limits the number of H-1B visas issued to 85,000 total approvals.
Of these, 20,000 slots are reserved for applicants holding a U.S. master’s degree or higher under the advanced degree exemption. Candidates not selected in this initial pool are automatically entered into the general lottery for the remaining 65,000 slots. Considering that USCIS often receives well over 200,000 petitions annually, the H-1B process is extremely competitive
That said, there are specific cases where applicants may be exempt from the lottery, including:
- If you have already been counted against the H-1B cap and are seeking a transfer to a new employer.
- If you are employed by a qualifying nonprofit organization, institution of higher education, or governmental research entity (federal, state, or local).
Duration of Stay for H-1B Physicians
Once approved, an H-1B visa for doctors is initially granted for up to three years. Extensions are available, with a maximum stay of six years under H-1B status.
A significant benefit of the H-1B visa is that it allows for dual intent—meaning you may pursue a U.S. green card while maintaining H-1B status. This makes it possible for physicians to transition from a temporary nonimmigrant status to permanent residency.
Additionally, time spent outside the United States does not count toward the six-year limit. Physicians who travel abroad can recapture unused time upon reentry, ensuring they receive the full benefit of their H-1B eligibility period.
H-4 Dependents for Physicians
Spouses and unmarried children under the age of 21 of H-1B doctors may accompany them to the United States under the H-4 dependent visa category.
While H-4 visa holders are not generally authorized to work, certain H-4 spouses may apply for employment authorization if eligibility requirements are met. H-4 dependents are permitted to study in the U.S., obtain a driver’s license, and live legally for as long as the H-1B principal visa holder maintains valid status.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience assisting international physicians and medical professionals with H-1B visa petitions. The process for doctors involves complex requirements and detailed documentation, and even minor errors can lead to costly delays.
By working with the immigration attorneys at Green Card Link, you will receive step-by-step guidance, including:
- A clear explanation of H-1B requirements tailored to physicians.
- Assistance with preparing and filing a strong, optimized petition.
- Support in gathering the necessary documentation to avoid delays or denials.
Since H-1B requirements vary depending on the applicant’s background, employer type, and immigration goals, it is essential to receive personalized legal advice. Contact Green Card Link today to discuss your options and get reliable information about your case.