Moonlighting on J-1 visa

[thinktank]

I am a R-2, who is getting a full license. I am on a J-1 visa as well (a Canadian citizen). Is it possible to moonlight within my university hospital? It will be the same hospital where I am currently training as a resident. It would be nice to be able to do extra work for extra pay to pay student loans, etc.

If you guys know the answer, pls chime in. Thank you much.

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[gutonc]

I am a R-2, who is getting a full license. I am on a J-1 visa as well (a Canadian citizen). Is it possible to moonlight within my university hospital? It will be the same hospital where I am currently training as a resident. It would be nice to be able to do extra work for extra pay to pay student loans, etc.

If you guys know the answer, pls chime in. Thank you much.

It should be, an unlimited license is an unlimited license. But the only people who can really answer your question are your program and your GME office. Every institution has different moonlighting rules so you should definitely check there first.

 

[3dtp]

It should be, an unlimited license is an unlimited license. But the only people who can really answer your question are your program and your GME office. Every institution has different moonlighting rules so you should definitely check there first.

I am not an immigration lawyer. The J-1 (Exchange) visa is specifically for training at the sponsoring institution. The terms of the visa and allowed work is detailed in your institution's filings with INS. Your visa is restricted to the terms of those filings which generally include only work/training within the sponsoring institution.

An unrestricted medical license will allow you the possibility of obtaining moonlighting work in medicine, but your visa may not. Check with your immigration lawyer or your institution to determine what, if any, work you can perform for pay outside of the specific training program.

As you know, undocumented workers are a major controversy in the US right now. I'd bet your visa will not allow you to work outside of medicine and may not allow you to work at your neighborhood clinic for pay. INS has become extremely strict in enforcement issues. For visa violations, people have been deported and once an INS action occurs, forever denied reentry into the US. Check with your program and your lawyer to make sure it is legal before you do it. This is not something you want to mess up on.

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Here are the rules (22CFR 62.62.16) Employment

(a) An exchange visitor may receive compensation from the sponsor or the sponsor's appropriate designee for employment when such activities are part of the exchange visitor's program.

(b) An exchange visitor who engages in unauthorized employment shall be deemed to be in violation of his or her program status and is subject to termination as a participant in an exchange visitor program.

(c) The acceptance of employment by an accompanying spouse or minor child of an exchange visitor is governed by Immigration and Naturalization Service regulations.

 

[Blade28]

I am a R-2, who is getting a full license. I am on a J-1 visa as well (a Canadian citizen). Is it possible to moonlight within my university hospital? It will be the same hospital where I am currently training as a resident. It would be nice to be able to do extra work for extra pay to pay student loans, etc.

If you guys know the answer, pls chime in. Thank you much.

You need to ask your program director if moonlighting is allowed. Often, if at all allowed, "internal" moonlighting hours (i.e. at hospitals affiliated with your residency program) count towards the 80-hour workweek and "external" moonlighting hours don't.

It also depends on the field. For example, in General Surgery, it's very rare for non-lab residents to moonlight.

 

[NotAProgDirector]

You cannot moonlight on a J-1 visa. The ECFMG is the sponsor of all J visas. here's what they say:

9. Am I allowed to work or train outside my training program?
The primary objective of each ECFMG-sponsored Exchange Visitor is to receive graduate medical training in the United States which will ultimately enhance his/her skills in a specialty field of medicine. Visa sponsorship, which is documented by Form DS-2019 (Certificate of Eligibility for J-1 Exchange Visitor Status) and issued by ECFMG, authorizes a specific training activity and associated financial compensation. Federal regulations do not permit activity and/or financial compensation outside of the defined parameters of the training program. Therefore, employment outside of approved residency or fellowship training (or “moonlighting”) is not permitted. Detailed information on this subject is available at www.ecfmg.org/evsp/evspemot.pdf.

If you moonlight on a J visa, even internally, you are in violation of INS regulations and can lose your visa, even if someone tells you it's "OK"

 

[Blade28]

You cannot moonlight on a J-1 visa. The ECFMG is the sponsor of all J visas.

Ah, good to know!

 

[thinktank]

A lot of my fellow residents moonlight, but they are American citizens.

Thank's for the clarification.

 

[f_w]

If your residency director is willing to define your intramural moonlighting activities as part of your training program (ensure that you have attending supervision, collect evals) and your income for these activities comes with your regular paycheck (and not separately from the faculty practice for example), you may be legal.

Don't take my word for it. Consult with a knowledgeable immigration attorney (who will probably advise you not to do this as you don't want to end up explaining your setup to some interested goverment agent). Years down the line you will have to file your tax returns as part of further immigration applications (e.g. adjustment of status). If they look at your tax return showing twice the stipend shown on the DS2019 they may get curious (not that this is illegal per-se, you can for example have additional income from non-work sources such as being an investor in a company etc.)

Lots of (()))...

 

[Faebinder]

If your residency director is willing to define your intramural moonlighting activities as part of your training program (ensure that you have attending supervision, collect evals) and your income for these activities comes with your regular paycheck (and not separately from the faculty practice for example), you may be legal.

Don't take my word for it. Consult with a knowledgeable immigration attorney (who will probably advise you not to do this as you don't want to end up explaining your setup to some interested goverment agent). Years down the line you will have to file your tax returns as part of further immigration applications (e.g. adjustment of status). If they look at your tax return showing twice the stipend shown on the DS2019 they may get curious (not that this is illegal per-se, you can for example have additional income from non-work sources such as being an investor in a company etc.)

Lots of (()))...

I would not do this. This could backfire if you ever want to apply for a green card. They will look into your tax. They will happily reject you over anything. They can even come back years after citizenship when they discover the issue and revoke the citizenship based on misleading. It would be a mess and if you wish to stay in the US, it's just not worth it.

If you want extra cash then you are going to have to do something under the table.