Physicians

On 12/19/2006, the USCIS announced Processing Changes for Waivers of 2 Year Home Residency Requirement (which applies to certain individuals who held J exchange visitor status in the U.S.).  First, as of 11/1/2006, the USCIS "Nebraska, Texas and Vermont Service Centers began forwarding to the California Service Center any new filings of Form I-612, Application of Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act (INA), as amended, that are based on claims of exceptional hardship or persecution."  Second, "effective October 10, 2006, all INA 212(e) waiver recommendations received by USCIS from the Department of State (DOS) based on a “no objection” statement from the individual’s home country, a request by an interested United States government agency, or a request by a State Department of Health (State Conrad 30) are being forwarded to the Vermont Service Center (VSC) for processing."

PHYSICIANS applying for U.S. visas, and U.S. Permanent Residency (green cards), have special requirements and issues that must be addressed, which apply exclusively to physicians. This section is dedicated to addressing the special needs of physicians in U.S. Immigration matters.

It is important that physicians who are considering applying for a green card remember that there are certain circumstances under which they may not have to first pass USMLE. There are certain exempt categories. For example, if a physician qualifies as an alien of extraordinary ability or as an outstanding professor or researcher, passage of the USMLE exam is not necessary. Of course, whether the USCIS requires that the physician have passed USMLE is a separate requirement from the requirements imposed by State licensing authorities.

Second, the USMLE requirement only applies if the physician will be involved in patient care. "Researchers, teachers, etc. are not subject to this requirement." Third, the USMLE requirement does not apply if the physician was fully and permanently licensed to practice medicine in a State of the U.S. on January 9, 1978, and was practicing medicine in a State of the U.S. on that date.