POLICY: Nonimmigrant Visas
SCOPE: Internal Medicine, Family Medicine, Obstetrics/Gynecology, Transitional and Radiology
PURPOSE: To delineate the visa requirements that Aultman Hospital/CMEF has established for the residency programs
PROCEDURE: J-1
The J-1 Exchange Visitor Program's purpose is to provide foreign nationals with opportunities to participate in educational and cultural programs in the United States and return home to share their experiences. The Educational Commission for Foreign Medical Graduates (ECFMG) is designated by the U.S. Department of State to sponsor J-1 physicians in clinical training.
Aultman/CMEF will assist in the coordination of communication among the ECFMG, the program and the trainee. The J-1 is valid for one year and is renewed annually.
In order to obtain the J-1 Visa, the physician and Aultman/CMEF will provide to the ECFMG:
- Valid ECFMG Certificate
- Contract
- Statement of Need from Ministry of Health
- CV
- Copy of Passport(s)
- Fee (provided by Aultman/CMEF)
The J-1 physician must understand and comply with all laws and regulations pertinent to foreign nationals such as:
- Address reporting (SEVIS)
- Special registration
- Obtain and maintain J-1 visa status (J-2 for dependents)
- Fulfills contractual obligations to US training Program
- No outside remunerative work (moonlighting)
H-1B
H-1B visas are temporary worker visas issued to professional level foreign nationals performing services in a "specialty occupation."
As a sponsor to H-1B residents, Aultman Hospital/CMEF maintains wage requirements. The annual AAMC Survey of Housestaff Stipends, Benefits & Funding or Hospital & Healthcare Compensation's Physician Salary Survey Report is used as the prevailing wage source. Aultman/CMEF will also maintain the public examination files. The typical H-1B application is for a period of three years, with an extension for a second three-year period possible. Aultman/CMEF pays the application fee.
In order to be eligible, the residents must be ECFMG certified, have successfully completed STEPS 1, 2 and 3 of the USMLE and have a valid training certificate issued by Ohio Medical Board.
The documentation required for the application process, including the Labor Condition Application (LCA) can be burdensome. We require that the documents be completed by an attorney familiar with immigration law. The office of Medical Education can make recommendations. As long as the resident's contractual wage less the attorney fee is 100 percent or more of the AAMC prevailing wage, the resident must pay the attorney fee. If it is less, the department of medical education will pay a portion to make it 100 percent of the AAMC prevailing wage. Exceptions for bypassing a lawyer to process the application must be approved by the administrative director of medical education. Due to delayed and growing processing times, we encourage all residents to initiate the visa process as far in advance as possible. Premium processing is an option available to the resident, and the fee is the responsibility of the resident.
Being that an H-1B visa is employer specific, these residents are prohibited from engaging in any outside remunerative work of any kind or nature.
If Aultman/CMEF terminates an H-1B employee before the end of that employee's period of authorized stay, we will be liable for the "reasonable costs" of return transportation for the employee to his or her last country of residence. This liability does not extend to the cost of relocating family members or property.
OPT/CPT
Optional Practical Training and Curricular Practical Training are employment authorization documents obtained by students during/after the conclusion of university studies in the United States. The students will be responsible for obtaining their own OPT/CPT status when eligible.
Additionally, Aultman/CMEF will accept medical residents who demonstrate valid Optional Practical Training (OPT) or Curricular Practical Training (CPT) status to join Residency training provided the aforementioned employment authorizations specifically permit the Resident Physicians to accept such employment. In circumstances where OPT/CPT permits are issued for purposes other than training with Aultman/CMEF, these documents will not be accepted as valid proof of employment authorization and the affected resident will be required to secure other means of employment authorization.
