Visa Sponsorship Policy

Policy Statement

To outline the acceptable and not acceptable visa types at the University of Minnesota for Graduate Medical Education training programs. 

Visa Types

Acceptable visa types for a residency/fellowship are:

  1. J-1 visa—Alien Physician: the preferred visa for residents/fellows who are not United States citizens or permanent residents, issued by the Education Commission on Foreign Medical Graduates (ECFMG);
  2. J-2 visa: issued to the dependent of a J-1 visa holder (read J-2 Visa Procedure below);
  3. H-1B visa: requires GME approval (read H-1B Visa Procedure below);
  4. Permanent Residence Application pending: candidates in this situation will be issued an Employment Authorization Document (EAD) card which must be renewed annually.  Contact Visa Manager for further information.

Not Acceptable visa types for a residency/fellowship are:

  1. F-1 student visa: issued only to students who are attending college/university (including medical school), high school, private elementary, seminary, conservatory, or another academic institution, including a language training program in the United States.
    • An F-1 Student can train in a Graduate Medical Education program on a F-1 Post Graduation Optional Practical Training (OPT): an extension to F-1 visa for the first year of residency training.  Requires additional permissions from International Students & Scholar Services (ISSS).  Contact Visa Manager immediately if the candidate is interested in OPT for requirements and procedures.
  2. M-1 Student Visa: issued for vocational or other recognized nonacademic institution, other than a language training programs;
  3. O-1 visa: nonimmigrant visa is for  individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. 

Procedures

J-1 Visa—Alien Physician Procedure

The J-1 alien physician visa is sponsored by the Education Commission for Foreign Medical Graduates (ECFMG), and is the preferred visa of University of Minnesota Medical School residencies and fellowships. Please contact your Program Coordinator to verify if J-1 visa sponsorship is allowed in your program.

All ECFMG J-1 applications originate online via EVNet, and are initiated by the ECFMG Training Program Liaison (TPL) for the University of Minnesota.  Information on the required documents for the J-1 application can be found on the ECFMG website:http://www.ecfmg.org/evsp/application-online.html.

ECFMG requires notification on trainees who are on a J-1 visa for elective rotations, remediations, leave of absences, dismissal, resignation, and any incidents/allegations. To learn more about the required notifications please see the Required J-1 Visa Holder Notification Policy.  

J-2 Visa Procedure

Any residents/fellows training on a J-2 visa are required to obtain an EAD card on an annual basis.  Renewal can take up to six (6) months processing time.  The J-2 spouse is responsible for ensuring that the J-1 spouse applies for J-1 visa renewal annually and allows enough time for EAD card renewal for the J-2 spouse.  The J-2 spouse must also inform the program of any changes to the J-1 spouse’s visa sponsorship, as J-2 sponsorship is directly linked to J-1 sponsorship.  The program must obtain a signed J-2 offer letter from the Program Director and signed by the J-2 spouse annually; contact the Visa Manager for the template. 

H-1B Visa Procedure

At the discretion of the individual training programs, the H-1B visa may be considered for candidates who have passed the USMLE Step 3 exam and who provide documentation that meets one or more of the following criteria:

  1. Applicant currently holds a valid H-1B visa at this university or another institution (provide copy of Form I-797, Notice of Action)
  2. Applicant is the spouse/registered domestic partner of a U.S. citizen, permanent resident (“green card” holder), or individual holding an  H-1 or O-1 visa (provide copy of marriage certificate or H-4 document)
  3. Applicant/applicant’s spouse has a permanent resident petition pending with a likely chance of success (provide copy of proof of petition)
  4. Applicant is not eligible for or would face a hardship on a J-1 visa due to unique immigration circumstances (e.g., applicant already obtained a J-1 waiver; applicant who has to return home periodically  to care for ill parent faces higher risk of being denied re-entry on J-1 visa ) (provide letter explaining reason for hardship)
  5. Applicant’s spouse/registered domestic partner is employed by the University in a faculty or other continuing position (provide letter identifying spouse’s position)
  6. Applicant is a graduate of a medical school in the United States, Canada or Puerto Rico accredited by the Liaison Committee on Medical Education (LCME) (provide copy of medical school diploma)
  7. The department has offered or is strongly considering the applicant for a faculty or research position after applicant completes the training program (provide letter identifying intentions of department after applicant finishes training program)

In addition to meeting allUMN eligibility and selection criteria, H-1B visa applicants must meet additional eligibility requirements: they must have passed USMLE Step 3 and also hold a MN residency permit (at minimum, or MN medical license if applicable) prior to submitting their H-1B visa application. 

Prior to scheduling an interview, the program must provide all applicants with a copy of the institutional visa policy and the program-specific policy on offering H-1B visas.

To obtain GME approval for all H-1B visas, the program must submit a completed H-1B Visa Request Form and the documentation that supports one or more of the criteria for offering an H-1B visa to an incoming resident or fellow.  The GME office will respond in writing to the department/program indicating whether the request to apply for the H-1B visa is approved or denied. 

Training programs are responsible for ALLcosts and fees associated with preparing and filing H-1 B visas for residents/fellows.  This includes supplementing stipends to meet the prevailing wage requirements, if applicable.  Training programs are required to use the services of International Student and Scholar Services (ISSS) or work through the Office of the General Counsel at the University to obtain outside legal counsel for this purpose.

If a training program terminates or non-renews a resident/fellow appointment before the individual’s H-1B visa expires, the training program is responsible under U.S. Citizenship and Immigration Services regulations to pay the H-1B physician’s airfare back to his/her home country.

Responsibilities

PROGRAM RESPONSIBILITY

Ensure that visa sponsorship forms are completed annually or before the current visa’s expiration date, whichever comes first.

FAQ

MOONLIGHTING

  • Moonlighting for residents/fellows on J-1 visas is not permitted under any circumstances.
  • A resident/fellow on an H-1B visa wishing to moonlight must obtain a separate H-1B visa for each facility where the resident/fellow works outside the training program. 

Related Information

History

8.2020: The Visa Sponsorship Policy was updated in August 2020 to address the O-1 visa. The updated policy states that the O-1 is not an eligible visa type for Graduate Medical Education.  

Previously the GME office was approving O-1 visas to those candidates that met our Eligibility and Selection Policy (Extraordinarily Qualified Candidate) pending the immigration attorney's determination  of extraordinary ability. Because trainees are learners they do not fit the definition of extraordinary ability required for this visa.To more clearly define what is acceptable and not acceptable Graduate Medical Education visa types, the section above was split into two sections.

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Visa
J-1
H-1B
Moonlighting