Statutes and Regulations

• 8 C.F.R. 214.2(h)(4)(viii) Criteria and documentary requirements for H-1B petitions for physicians.-
• 214.2(h)(4)(viii)(A)(1) Has a license or other authorization required by the state of intended employment to practice medicine, or is exempt by law if the physician will perform direct patient care and the state requires the license or authorization, and
• 214.2(h)(4)(viii)(A)(2) Has a full and unrestricted license to practice medicine in a foreign state or has graduated from a medical school in the United States or in a foreign state.
• 214.2(h)(4)(viii)(B) Petitioner’s requirements. The petitioner must establish that the alien physician:
• 214.2(h)(4)(viii)(B)(1) Is coming to the United States primarily to teach or conduct research, or both, at or for a public or nonprofit private educational or research institution or agency, and that no patient care will be performed, except that which is incidental to the physician’s teaching or research; or
• 214.2(h)(4)(viii)(B)(2) The alien has passed the Federation Licensing Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) or is a graduate of a United States medical school; and
• 214.2(h)(4)(viii)(B)(2)(i) Has competency in oral and written English which shall be demonstrated by the passage of the English language proficiency test given by the Educational Commission for Foreign Medical Graduates; or
• 214.2(h)(4)(viii)(B)(2)(ii) Is a graduate of a school of medicine accredited by a body or bodies approved for that purpose by the Secretary of Education.
• 214.2(h)(4)(viii)(C) Exception for physicians of national or international renown. A physician who is a graduate of a medical school in a foreign state and who is of national or international renown in the field of medicine is exempt from the requirements of paragraph (h)(4)(viii)(B) of this section.