Employment-Based Immigration Solutions for Foreign Medical Graduates

Lawline Faculty Member Youngwook (“Christian”) Park, Esq., of Fragomen Worldwide, the world's leading immigration firm, provides a roadmap to employment-based immigration solutions for foreign medical graduates (“FMGs”). FMGs complete medical schooling abroad but come to the U.S. to gain post-graduate medical training in the form of residency or fellowship programs. These programs can often involve complex J-1 two year home residence requirements that may be an impediment for future work visas or green card applications. Moreover, the nature of the job may often involve third-party worksite issues as well as cutting-edge H-1B cap-exempt issues that may impact eligibility. Yet, FMGs, due to the nature of the role of physicians in society, have a special marker in immigration laws and regulations. Given the consistent shortage of physicians in the U.S., it is no surprise that immigration rules provide for greater flexibility and additional options for FMGs.

This presentation explores common issues that FMGs face in the context of U.S. immigration and offers practical solutions that counsel may employ in addressing FMG immigration matters.

Learning Objectives:

I.      Identify and evaluate the J-1 two year home residence requirements for certain FMGs

II.     Explore nonimmigrant employment-based visa classifications for FMGs

III.    Evaluate potential employment-based immigrant visa classifications for FMGs

IV.    Review real-world examples of factors that influence business immigration policy