Is H-1B valid for doctors in residency?

In practice, the H-1B is rarely the path used by doctors who are in residency. Residency is treated, in most cases, as a supervised training program, and the most common route for a resident physician in the United States is the J-1 visa, designed for educational exchanges and training programs.

The H-1B was intended for employers hiring professionals in specialty occupations, within a genuine employment relationship. In a residency, however, the connection to the hospital or teaching institution is oriented toward learning, which does not always fit the type of employment the H-1B requires.

This does not mean the H-1B is entirely out of reach for physicians. It may be appropriate for positions that require professional practice and go beyond the scope of residency training. Each situation, however, is analyzed individually by the relevant authority.

• Residency is typically viewed as training, the typical territory of the J-1.
• The H-1B presupposes an employment relationship in a specialty occupation.
• Specific cases may create room for the H-1B, evaluated on a case-by-case basis.

Since identifying the right path depends on your profile and the structure of the program, it is worth checking the updated rules with USCIS and speaking with a specialist before deciding on a route.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.