AMG do not need step 3 before applying for H1b

[tomsuntom]

I think there has been some misinformation on this forum. The latest information I have gathered is that american medical graduates do NOT need to take step 3 when applying for H1B. Only international medical graduates have this requirement.

The UMass medical school website says this: http://www.umassmed.edu/hr/immigration_services/immigration-packets-forms/h-packet/

Duke also implies this:
https://visaservices.duke.edu/category/h1b/index.php

I have also seen one thread in 2008 on SDN with an AMG saying they got H1b without taking step 3.
Anyone have more information?

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[ddjamb]

Not really understanding why AMG will need a Visa, unless you meant FMG...just wondering.

 

[rokshana]

Not really understanding why AMG will need a Visa, unless you meant FMG...just wondering.

there are some foreign nationals that are in US MD schools (not sure about DO schools), but the % is small. If the are not GC holders, then they will need a visa to work in a residency.

 

[mvenus929]

Not really understanding why AMG will need a Visa, unless you meant FMG...just wondering.

I had multiple people in my Med school that were not yet residents and needed visas for residency.

 

[PistolPete]

Yes, OP you are correct. The problem is that if you don't pass Step 3, you won't get a license, and if you don't have a license, you'll only get an H1b for 1 year. At least that's how it was for me.


So pass your Step 3 at the beginning of intern year and get licensed in your state as soon as you can if you want less headaches.

 

[NotAProgDirector]

You are correct, at least theoretically. By the official state department rules, a non-citizen who needs a work visa who graduates from a US school does not need Step 3 for an H1b. However, the state department when processing applications may or may not make this distinction. If they reject it because of a lack of step 3, even if incorrect, it might take more time to try to "fix" the problem than to just take Step 3.

In any case, it usually is a moot point because you're much better off completing your intern year on an OPT visa, which is an extension of your F student visa. You'll take Step 3 because everyone does in intern year, and then apply for an H. We usually have our folks in this situation plan for Step 3 earlier rather than later in the year, as visa processing can be slow.

The only time I could see this really mattering is if you are in a US school but not on an F visa. I don't know what that would look like. Perhaps one could be on a TN visa of some sort. If someone was in med school on DACA, that might also be a reason to try to get an H immediately (but I don't know if someone who is in DACA status would qualify for an H).

Last, your chances of matching in mid March and then getting an H visa by June are slim. It's a slow process. You'll end up with a late start, most likely.

 

[Giovanotto]

You are correct, at least theoretically. By the official state department rules, a non-citizen who needs a work visa who graduates from a US school does not need Step 3 for an H1b. However, the state department when processing applications may or may not make this distinction. If they reject it because of a lack of step 3, even if incorrect, it might take more time to try to "fix" the problem than to just take Step 3.

In any case, it usually is a moot point because you're much better off completing your intern year on an OPT visa, which is an extension of your F student visa. You'll take Step 3 because everyone does in intern year, and then apply for an H. We usually have our folks in this situation plan for Step 3 earlier rather than later in the year, as visa processing can be slow.

The only time I could see this really mattering is if you are in a US school but not on an F visa. I don't know what that would look like. Perhaps one could be on a TN visa of some sort. If someone was in med school on DACA, that might also be a reason to try to get an H immediately (but I don't know if someone who is in DACA status would qualify for an H).

Last, your chances of matching in mid March and then getting an H visa by June are slim. It's a slow process. You'll end up with a late start, most likely.

@aProgDirector, do you have a source for this? I know I'm going to be dealing with this very soon. Please and thank you!