Can a foreign medical graduate ("FMG") use the H-1B visa to enter and work in the United States?

Yes. The FMG may use the H-1B category to enter and work in the United States as a teacher, researcher or performing direct patient care.

What are the requirements for an FMG if he/she is coming to the United States to perform direct patient care?

• First, the FMG must have passed the Federation Licensing Examination OR the National Board of Medical Examiners AND the U.S. Medical Licensing Examination. With regard to USMLE steps 1 and 2, the FMG should contact the ECFMG at (215) 386-5900. Information is also available at http://www.ecfmg.org/. Step 3 is administered by the Federation of State Medical Boards. Their phone number is (817) 868-4000. Information is also available at http://www.fsmb.org/;
• Second, the FMG must have passed the English language proficiency test given by the ECFMG. Please see the phone number given above;
• Third, the FMG has a full and unrestricted license to practice medicine in a foreign state or he/she has graduated from a medical school in a foreign state; and
• Finally, the FMG must have a license required by the state of intended employment.

Are there any exceptions to the above requirements to obtain an H-1B visa as an FMG?

Yes. The first three requirements stated above need not be met if the FMG graduated from a U.S. medical school. The FMG must still meet the requirement of state license.

For how long may an FMG be admitted with the H-1B status?

The FMG may be admitted to the U.S. for an initial period of stay of three years. An additional stay of three years is permissible up to a total period of admission of six years.

Can the FMG stay in the U.S. with the H-1B category for more than six years?

Generally no. The only exception is when the FMG’s stays in the U.S. are intermittent, seasonal, or an aggregate of less than six months a year or when the FMG is applying for permanent residence pursuant to a job offer.

Is the procedure to obtain an H-1B visa as an FMG different than the normal H-1B procedure?

NO. The process is the same. The U.S. employer must first obtain an approved labor condition application and petition before the FMG may apply for an H-1B visa at the U.S. embassy in his/her country.

Can the FMG apply for a change of status to the H-1B category if he/she is in the United States legally?

Usually yes. The U.S. employer must file the petition with the Service Center before the legal status of the FMG expires. The FMG, however, cannot apply to change his/her status to the H-1B category if he/she entered the United States with the visa waiver program.

Can our law office assist a FMG to find employment in the United States?

No. Our office can only assist the FMG to enter the United States with an H-1B visa once he/she has obtained a job offer from a U.S. employer.

May the spouse and minor children of the FMG enter the United States?

Yes. They may enter the United States with the FMG under the H-4 category.

Are the spouse and minor children of the FMG allowed to work while in the United States?

No. They are only allowed to attend school while in the United States.

Are there other visas available to the FMG to enter and work while in the United States?

Yes. The FMG may obtain a J-1, TN or O-1Visa, if he/she qualifies. The TN category, however, is only available to citizens of Mexico and Canada. The main disadvantage in using the TN category is that the FMG may only engage in teaching or research and may not engage in direct patient care.

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.