Prior to attending law school, immigration attorney Tim Jones worked as a healthcare professional, specifically a polysomnographic technologist, at a major hospital. He studied biology during his undergraduate degree, where he took courses in anatomy and physiology, and in law school he worked for a law firm where he both reviewed medical records and did legal research. He currently contracts with the State of Idaho Board of Medicine to occasionally chair medical malpractice prelitigation cases. His professional background in the medical field, combined with his experience as an employment immigration attorney, makes him uniquely qualified to assist with visas in the healthcare field.
There’s a shortage of doctors, nurses, and other healthcare professionals in the United States, and so hospitals and other healthcare companies often turn to immigrants in order to find staff. Fortunately, there’s a wide variety of visas available for healthcare professionals.
Physicians and other healthcare professionals often work on J-1 visas (and later apply for waivers in order to continue working in the U.S.), H-1B visas, TN visas, or employment green cards. A consultation with an immigration attorney can be helpful in determining what visa works best in your situation. Below is a quick overview of these various options.
J-1 visas are typically done through a sponsoring organization. However, most healthcare-related J-1 visas require that the employee return to their home country for two years before applying for a green card in the United States. To overcome that requirement, various waivers are available. These waivers can be tricky and an immigration attorney experienced with J-1 waivers should be hired to assist.
Non-profit hospitals should seriously consider H-1B visas as an option, especially because they can usually avoid the H-1B lottery. For-profit hospitals can also go through the normal H-1B lottery process. These visas allow individuals to fill positions that typically require a 4-year or higher degree. They’re good for 3 years, plus an additional 3-year extension. Physicians, nurse practitioners, and various other healthcare professionals can qualify for these. Unfortunately, regular nurses typically do not.
TN visas are for citizens of Canada and Mexico who will be working in specific healthcare fields such as physicians, registered nurses, medical technologists, physical therapists, and occupational therapists. Most of these require certification in their respective field.
If the employee wants to remain in the U.S. long-term, they’ll typically want a green card. Employment green cards are available, although often they take several years. For H-1B visa holders, this process should start around the time the H-1B extension is granted.
Green cards are especially useful for nurses and physical therapists, as these are considered “Schedule A” professions, and they can get green cards much more quickly than those in other professions.
Hospitals and other healthcare companies can help overcome worker shortages by employing trained immigrants. Employment visas can be complex but an experienced business immigration attorney will simplify the process.
