Process for a Doctor

[Imani 105]

My relative is a bilingual med student studying overseas and is about to graduate in a month.

 

I am aware of the medical licensing steps seen here: https://www.acf.hhs.gov/orr/policy-guidance/u-s-medical-licensing-process

 

What is not mentioned is the greencard process.

 

My brother has already completed his rotations and would be interested in completing his residency in USA since he would have to wait til September to begin residency back home.

 

Has anyone gone through this process?

 

Does one do the adjustment of status first and then the medical license exam?

 

What is the timeframe to adjust?

 

or Did the hospital sponsor the visa? Which came first? The medical license exam or the sponsorship? How long did it take?

 

Thank you for your guidance in advance.

[Yorkie62 54]

You are unlikely to be able to get a green card for a medical residency. It is by definition a temporary training program (ie sponsorship for permanent residency doesn't make sense). Most likely is a J-1 (this is subject to a 2 year home residency, waivers are possible), you can potentially get H-1B (preferable). There are a number of online resources on how to approach this that you or your relative can search for.

 

This forum is generally for people who already have a visa to the US and are adjusting to the GC from that.

 

Put simply, the pathway for foreign medical graduates is J-1 -> work in underserved area for waiver with H-1B -> adjust to GC from that.

[Boiler 46,649]

This is normally a J1 visa, assuming he is able to obtain a Residency, I thought getting one is hard.

 

Nothing to do with Greencard

[Chancy 6,245]

*** Moved from AOS from Work/Student/Tourist Visas Progress Reports to Student & Exchange Visitor Visas forum ***

 

[Imani 105]

  On 12/31/2022 at 6:54 PM, Yorkie62 said:

You are unlikely to be able to get a green card for a medical residency. It is by definition a temporary training program (ie sponsorship for permanent residency doesn't make sense). Most likely is a J-1 (this is subject to a 2 year home residency, waivers are possible), you can potentially get H-1B (preferable). There are a number of online resources on how to approach this that you or your relative can search for.

 

This forum is generally for people who already have a visa to the US and are adjusting to the GC from that.

 

Put simply, the pathway for foreign medical graduates is J-1 -> work in underserved area for waiver with H-1B -> adjust to GC from that.

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Thank you for your insight.

 

I am a naturalized USC.  I am asking for my My brother who has had a b1/b2 visa and visited me on his breaks. I want the information in full so I can make him keep his options opened.
 

The information regarding how he can obtain a license to work in USA never mentioned anything about legal residency.

I thought in order to be able to live and work you would need a greencard.

 

With that said, I am still confused. 
 

I adjusted from my B1/B2. 
 

since he already has a visa to enter which he has used in the past to enter can he not enter do the medical licensing and then adjust? Or does he do the licensing exam, pass and then gets hired by a hospital n let them sponsor?

 

[Boiler 46,649]

It seems you adjust through marriage, is that his plan?

[Imani 105]

  On 12/31/2022 at 10:18 PM, Boiler said:

It seems you adjust through marriage, is that his plan?

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No!

 

his plan is to go back home and be a doctor.

 

he can petition for himself because he's a doctor.

[Boiler 46,649]

  On 12/31/2022 at 10:20 PM, Imani said:

No!

 

his plan is to go back home and be a doctor.

 

he can petition for himself because he's a doctor.

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Going back home contradicts the need for a Greencard

 

How does he petition for himself?

[Yorkie62 54]

  On 12/31/2022 at 10:11 PM, Imani said:

The information regarding how he can obtain a license to work in USA never mentioned anything about legal residency.

I thought in order to be able to live and work you would need a greencard.

 

With that said, I am still confused. 
 

I adjusted from my B1/B2. 
 

since he already has a visa to enter which he has used in the past to enter can he not enter do the medical licensing and then adjust? Or does he do the licensing exam, pass and then gets hired by a hospital n let them sponsor?

 

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He will need a visa to do the clinical part of USMLE, people have done that on B1, although State does not explicitly say this is OK. If his intention is to return to his home country after, then that's fine but if he intends to use then B1 to enter the US and adjust to a GC then that's a no no.

 

After passing USMLE he can apply for residencies which may sponsor for J-1 or H-1B, these visas will enable him to enter and be present in the US for the duration of the medical residency.

 

He does not need a green card at all. GCs are for people who want to be permanent residents of the US.

[Imani 105]

  On 12/31/2022 at 10:29 PM, Yorkie62 said:

He will need a visa to do the clinical part of USMLE, people have done that on B1, although State does not explicitly say this is OK. If his intention is to return to his home country after, then that's fine but if he intends to use then B1 to enter the US and adjust to a GC then that's a no no.

 

After passing USMLE he can apply for residencies which may sponsor for J-1 or H-1B, these visas will enable him to enter and be present in the US for the duration of the medical residency.

 

He does not need a green card at all. GCs are for people who want to be permanent residents of the US.

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Ahh ok. Got it. Thank you.

[Yorkie62 54]

  On 12/31/2022 at 10:30 PM, Imani said:

Ahh ok. Got it. Thank you.

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But I will emphasize since there was confusion about needing a green card. If his intention is to return to his country after, then the green card is not relevant here and he shouldn't mention it at all during the visa/entry processes, it could jeopardize his application.

 

And the hospital or affiliated university will deal with the J-1 or H-1B for him. He will have to supply documentation and maybe go to the embassy for an interview, but they will have an international office that has expertise on what to do.

 

 

Edited December 31, 2022 by Yorkie62

[Imani 105]

  On 12/31/2022 at 10:40 PM, Yorkie62 said:

But I will emphasize since there was confusion about needing a green card. If his intention is to return to his country after, then the green card is not relevant here and he shouldn't mention it at all during the visa/entry processes, it could jeopardize his application.

 

And the hospital or affiliated university will deal with the J-1 or H-1B for him. He will have to supply documentation and maybe go to the embassy for an interview, but they will have an international office that has expertise on what to do.

 

 

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I'm gathering the information so that I can be able to try and persuade him in keeping his options opened. 

[Imani 105]

  On 12/31/2022 at 10:23 PM, Boiler said:

Going back home contradicts the need for a Greencard

 

How does he petition for himself?

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The i-140 is what he can use to petition for himself.. or the hospital. 
 

n like I've mentioned before it's his plan to go home.

 

I want to be equipped with all the knowledge so I can pitch the idea of coming here and keeping his options opened.  I know nothing about this so I come to vj.

[SalishSea 18,385]

  On 12/31/2022 at 10:20 PM, Imani said:

No!

 

his plan is to go back home and be a doctor.

 

he can petition for himself because he's a doctor.

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He cannot petition for himself for a GC.   Where did you get that idea?!