J-1 Waiver Basic Requirements

• Waiver allows the J-1 resident or fellow to attain an H-1B in order to practice medicine in the US.
• Position is in a designated physician shortage area, a HPSA [Health Professional Shortage Area] or MUA/MUP [Medically Underserved Areas & Populations] except for certain State 30 "flexibility" shots.
• The Appalachian Regional Commission J-1 Visa Program allows application for a waiver if the hospital is located in an underserved area of the Appalachian region. This requires a commitment to work for three years, 40 hours per week. www.arc.gov
• Employment cannot exceed 7 years.
• Requires return and physician presence in home country for 2 years.
• Can be either primary or specialty medicine, depending on the program.
• Position must accept Medicare, Medicaid and indigent patients.
• Recruitment efforts must be documented.
• Early planning and applying as process can take many months.

H-1B Visa Basic Requirements

• Employer must pay prevailing wage.
• Can only be employed for 6 years.
• Application accepted quickly.
• Cap applies to first position physicians.
• Portable unless previously had J-1 Visa.
• Green Card may be feasible alternative.

Green Card

Visa status that provides full, open-ended authorization for a foreign national to live and work in the US, but which can be lost in certain circumstances.

O-1 Visas

To qualify for O-1 classification, aliens of extraordinary ability in the sciences, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing the following evidence,

Receipt of a major, internationally recognized award, such as the Nobel Prize; or at least three of the following forms of documentation:

• Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
• Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
• Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
• Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
• Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
• Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
• Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

E-2 Visa

The E2 Visa of Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must be renewed every other year, but there is no limit to how many times one can renew. Investment must be "substantial." An investor must "contribute" to the US economy.

• The cash investment normally should exceed $100,000, depending on the type of business (new or existing), although cases have been made for less amounts. This is an approximated amount and applicants should consult an immigration lawyer prior to making any offers for existing business. The dollar amount should only be money spent on the business. Any expenses not directly spent on the actual business itself will not count toward the required amount.
• For new start ups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The $100,000 dollar amount would not be a substantial investment for a business such as the construction and management of a shopping center or office complex. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCIS will use an 'Inverted Sliding Scale' to determine whether the investment is substantial in proportion to the overall cost of the enterprise.
• Upon conclusion of the business, investors must return to their countries of origin, or change their status. The holder of an E-2 visa may leave the United States at anytime but not over the time limit of 6 months.