(4) Physicians .
Physicians in the H-1B classification are limited to those described in section 212(j)(2) of the Act. A petition for an alien physician coming to the United States to teach or conduct research or both at or for a public or nonprofit private educational or research institution or agency, in which no patient care will be performed except that which is incidental to the physician's teaching and research may be adjudicated like a petition for an alien coming to perform services in a specialty occupation. If no patient care is involved, neither a license or authorization from the state needs to be submitted.
A petition for an alien physician involved in direct patient care must be accompanied by the following:
· An approved labor condition application;
· A license or other authorization required by the state of intended employment to practice medicine if the physician will perform direct patient care and the state requires the license or authorization;
· A full and unrestricted license to practice medicine in a foreign state or evidence that the beneficiary has graduated from a medical school in the United States or in a foreign state;
· Evidence that the alien has passed the Federal Licensing Examination (FLEX) or an equivalent examination as determined by the Secretary of Health and Human Services unless the alien received his/her medical education in the United States; and
· Evidence that the alien has passed the English test given by the Educational Commission of Foreign Medical Graduates (ECFMG) to establish competency in oral and written English language unless the alien has received his/her medical education in Canada or the United States.
Note 1:
The Secretary of Health and Human Services announced the physician licensing examinations which will be considered equivalent to the FLEX. Parts I, II, and III of the National Board of Medical Examiners (NBME), and Steps 1, 2, and 3 examinations of the new United States Medical Licensing Examinations (USMLE) program, have been recognized by the Secretary as equivalent to the FLEX.
Note 2:
Physicians who received their graduate medical training in Canada must take the FLEX, or its equivalent. Many times Canadian MD's can get reciprocal U.S. state licenses based upon their holding Canadian licenses to practice medicine. Even so, they must still take the FLEX to become eligible for H-1B classification if they intend to perform direct patient care. Furthermore, pursuant to a determination of the Department of Health and Human Services (HHS), the Licentiate of the Medical Council of Canada (LMCC) is not equivalent to the FLEX.
