The State Department has issued an advisory memorandum discussing H-1B medical researchers. Concern had been expressed regarding whether physicians who do not qualify to practice in the US can pursue positions as assistants or medical researchers under the H-1B program. The DOS noted that there is no bar to an individual who has qualified as a physician in his/her home country being petitioned as an H-1B “specialty occupation” which requires that an applicant have attained a bachelor’s or higher degree in the specialty. The DOS memorandum also notes that a physician specializing in a field other than the one in which research is to be performed is not a bar to approval since most physicians receive similar undergraduate educations. The DOS does warn, however, that if the applicant will be involved in any manner in direct patient care (which includes even the most basic medical procedure), the petition should be returned to the approving INS office.
The consulate also will be permitted to request documentation from the state in which he/she plans to work that there is no objection to an unlicensed person performing the specific tasks set forth in the job description. The consulate will not be permitted to deny applicants because of a lack of English competency unless it is clear that the applicant will not be able immediately to take up his/her position without further training. This would be the case if, for example, the applicant will be expected to read and report on current medical literature. The consular post is also not permitted to deny an application simply because it believes the applicant intends to take the licensing examination required to practice medicine in the US as long as the applicant intends to take up the job listed in the H-1B petition.
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