The O-1 visa is a nonimmigrant classification designed for foreign nationals with extraordinary ability or achievements in their careers. With the right background, physicians and clinicians in the medical field have a great opportunity to pursue an O-1 visa. In this guide, read all about the eligibility requirements, process, route to a green card, and more.
O-1 Visa for Clinicians: An Overview
For those in the clinical field with extraordinary ability or achievements, it’s possible to qualify for a non-immigrant O-1 visa. This may include clinicians such as:
- Physicians and doctors
- Surgeons
- Oncologists
- Dermatologists
- Dentists
- Orthopedists
O-1 Eligibility Criteria for Physicians and Clinicians
As a physician or clinician, you can file for the O-1A visa, which is specific to those with “extraordinary ability.” Extraordinary ability in this context means that you belong to the small percentage of professionals in the field who have risen to the top of their field.
Proving this in a visa application is demonstrated with thorough documentation of your past achievements and contributions to the field of medicine. USCIS officers then decide on the visa petition based on the totality of evidence provided.
While the requirements may seem stringent for clinicians at first glance, a fellow with several years of training and experience in a particular specialty may provide an edge over other O-1 visa applicants. This is because a clinician likely has met the requirements naturally and garnered sufficient supporting evidence to prove eligibility.
How to Apply for an O-1 Visa for Clinicians
Step One: Find a Sponsor:
Clinicians seeking an O-1 visa must first secure sponsorship from an employer in their field. The O-1 is a non-immigrant visa that does not allow for self-petitioning like the EB-2 NIW green card. Once you have an employer willing to sponsor you, the next step is ensuring you have all the documentation to meet the O-1 visa requirements.
Step Two: Collect Evidence
Every physician or clinician must have documented evidence of at least three out of the eight listed criteria to be qualified for the O-1 visa:
- Receipt of recognized awards or prizes for excellence at the national or global level
- Membership in an organization in your field that requires outstanding achievements to enter
- Published materials in professional journals or other major media about you or your work in the field
- Original scholarly contributions of major significance in the field
- Authorship of scholarly articles in the field that are published in professional journals or other major media
- Proof that you have judged other people’s work in your field, either individually or as a member of a panel
- A large salary or other compensation indicative of your achievements
- Evidence showing that you have been employed in and have performed well in a critical or essential capacity in a well-established organization
Working with an experienced attorney with a successful track record of O-1 approvals is recommended for this step. USCIS makes their decision based on the totality of evidence, and each of the eight criteria has strict requirements. The presentation/arguement of your evidence and how it it meets the criteria is equally important as the achievement itself, particularly for niche clinical fields.
Step Three: Employer Files I-129
Your prospective employer will need to file an I-129 petition with USCIS for the O-1 visa. If you are already living in the U.S. and working for an organization within the medical field under a different status (such as J-1) and want to change to O-1 status while still working for the same employer, the I-129 must be filed by your current employer.
Your I-129 petition must be submitted with the following evidence:
- A copy of the contract between the petitioner (your employer) and you. If the contract was agreed upon orally, you would need to submit a summary of what was agreed upon, with evidence, preferably an email, showing that you both reached a mutual conclusion on the agreement.
- A copy of an itinerary containing all the activities, including the beginning and end dates of the contract, must be provided. To ensure that the proposed employment for which you are seeking an O-1 visa fellowship is within your field of extraordinary ability, the USCIS will want to know the itineraries involved in the contract.
- A consultation, which is a written advisory opinion from a peer group or an individual with expertise in the medical field. It is best to submit an original copy containing a watermark or other distinctive marks to validate the authenticity of the document, as anything less may raise doubts.
How Physicians and Clinicians Can Prove Meeting O-1 Visa Evidentiary Criteria
One of the biggest misconceptions about the O-1 is that it is only meant for those who are veterans in the field with substantial media coverage concerning their work. This misconception is even more common in the medical field, explaining why many physicians and clinicians in fellowships who may be eligible for the visa believe that they are not qualified.
While filing for an O-1 visa through a fellowship requires more supporting documents than most other work visas, the requirements are not out of reach for clinicians and physicians who are a part of a fellowship.
Being a fellow likely improves your O-1 chances compared to applicants in other professions. Here is how you can prove that you meet some of the most challenging parts of the requirements as a physician or clinician:
Authorship of Scholarly Articles
Meeting this requirement can be much easier than you may think. This is because there are several avenues to explore in the medical field when it comes to authorship. For instance, if some of your work during your schooling were published in a journal, they can be included as part of the O-1 visa fellowships documentation.
The work doesn’t need to have been cited before, though it will be more advantageous if there are citations. While the number of required articles is not clearly stated by the USCIS, you can select a few that are the most outstanding. Some applicants provide upwards of two or three, though there have been some successful applicants who only provided one article. It is less about the number than it is about how convincing your petition is.
Also, many fellow physicians have presented lectures on topical issues in their specialties at major care centers. Though this may not generally be regarded as a professional journal publication, it can still be provided as part of your work in the field of medicine.
Membership of an Association
The membership must be that of a professional association in the medical field that only admits members based on their achievements. Passing medical training or being an alumni association member will not count for this.
Most recognized associations require interviews, nominations, advanced certifications, and many other methods of evaluation before you can become a member. Due to the seemingly high standard, many physicians and clinicians in fellowship training avoid the criterion altogether and thereby don’t explore the option when filing their O-1 visas.
However, this is another requirement that may not be as hard as you initially thought. It is possible to have already attained this status without knowing. Doctors are advised to review the requirements for the association they belong.
Evidence That You Have Judged Other People’s Work
Because it is a hierarchical profession, the medical field requires regular documentation of the events, progress, and activities of personnel in the profession. To become a fellow, a doctor must have passed through different stages where his or her performance in the field was evaluated by various senior colleagues.
Similarly, the physician must teach difficult procedures to nurses, technical assistants, and other practitioners who report to the physician. As part of their responsibility to junior colleagues, doctors must evaluate and judge their performances. All these can be documented and presented as part of your O-1 visa fellowship application.
Apart from the supervisory role within the hospital environment, many clinicians also volunteer to work as peer reviewers for medical journals. If you have participated in this in the past, it will be very helpful in showing that you have judged the work of your peers in the medical field.
Critical or Essential Capacity in an Organization With a Distinguished Reputation
This criteria requires you to demonstrate factors that make an organization reputable in the medical field. This can include a special procedure the institution is known for or other outstanding accomplishments that have been recorded by the institution.
Additionally, the position you occupied and roles played even as a doctor in fellowship training should also be highlighted. This can include any administrative, supervisory, and teaching roles you had in the organization. Typically, most capacities during medical training are essential and critical in nature.
An immigration attorney with experience in filing O-1 visas for doctors and other health practitioners will be in the best position to help you and significantly improve your chances of approval.
Advantages of the O-1 for Clinicians
- A clinician can finish their J-1 program, leave the U.S., and apply for an O-1 visa at a U.S. consulate abroad. They do not have to spend two years at home before getting the O-1 visa. They can be approved and re-enter the U.S. to work in O-1 status.
- The O-1 status can be renewed indefinitely. This provides long-term career stability.
- Qualifying for an O-1 visa based on your extraordinary ability in medicine is the best indicator that you also qualify for the EB-1A “Extraordinary Ability” green card.
- The O-1 visa can be structured through an agent to permit work at multiple locations, known as moonlighting. This makes it significantly easier to earn supplemental income by picking up shifts as a hospitalist, in an emergency room, or at various clinics, which is often difficult or impossible on other visa types.
- Your salary is determined by your contract negotiation, not by federally mandated prevailing wages. This often allows for greater earning potential commensurate with your skills and experience.
- While state medical boards will require the USMLE for licensing, the O-1 visa itself does not have a specific USMLE exam requirement for immigration purposes.
O-1 Visa to Green Card for Physicians and Clinicians
The “dual intent” feature is one of the biggest advantages that make the O-1 visa a highly preferred nonimmigrant visa. This means that you can apply for a green card while still working under your O-1 visa, thereby becoming a lawful permanent resident in the U.S. The most common green card type usually chosen by O-1 visa holders is the EB-1A or EB-1B.
The EB-1 green card is also for individuals with extraordinary ability, with most of its requirements being very similar to that of the O-1 visa. As a doctor or clinician in fellowship training with an O-1 visa, the EB-1A category may be an excellent option for you, as you can easily demonstrate extraordinary ability in medical science.
Keep in mind, however, that despite the similarities, more focus is often attached to green cards than nonimmigrant visas. However, working closely with your immigration attorney can make the process easier.