By Nashwa Azzam, Partner |
Many Israeli physicians are in the US on J-1 visas completing fellowships in several sub-specialty occupations across the United States. These J-1 visa holders face the two-year home residency requirement, imprinted directly on the J1 visa. This means that the physician must return home after the J-1 visa terminates. But what happens when the J-1 visa holder wants to remain longer in the US? A J-1 two-year home residency requirement becomes a challenge for those who wish to continue working in the US beyond their J-1 training period. The applicant cannot change status to another visa or even apply for a green card without a waiver. Although a waiver may be a solution, it is not a quick or easy solution. Processing times for a waiver are very long and may result in the applicant having a gap period of employment if they are waiting on the waiver to apply for another non-immigrant or immigrant classification.
This is where the O-1 visa emerges as a possible solution, offering a pathway for these Israeli physicians. The O-1 option is often overlooked due to the misconception that it is only permissible for well-published researchers. This, however, is not the case – clinicians who hold a sub-specialty, (for example, advanced colorectal surgeons or pediatric cardiac anesthesiologists) should consider the O-1 path.
To qualify under the O-1, an Israeli physician must, as provided by the United States Citizenship and Immigration Services (USCIS) regulations have ‘extraordinary ability in the field of science’, expertise placing them among the top echelons of their field. This scrutiny involves defining the field and evaluating the individual’s expertise within it. This is vital, especially considering the innovation and high-level experts in the field of medicine coming from Israel.
USCIS lists ten criteria of which at least three must be met by the applicant. What applicant’s many times overlook is that these criteria must be evaluated broadly by looking at the complete picture of the applicant’s background and abilities that raise them to the top of their field. This is where KTA and the applicant must strategize to think outside of the box to find additional evidence to document the applicant’s expertise in the field – this may include, selective fellowships, grants, performing advanced procedures, developing innovative technology (incisionless tumor removal), contributing to a life-saving approach or methodology, etc. Additional, and strong, evidence should include testimonial letters from experts within the field that know the applicant or who have come across their work and can attest to the major contribution or innovations the physician has had within the medical community or the specific field they work in.
Israeli clinicians should recognize the O-1 visa as a viable option to continue working beyond their J-1 training period. Successfully navigating the O-1 for Israeli doctors requires a thorough understanding of the criteria and a creative approach to presenting the evidence.
Contact Nashwa Azzam at nashwa@ktalegal.com for more information or if you believe you may qualify as an O-1 clinician.Top of Form
