This post is for those foreign / international medical graduates who are considering applying for a J1 ‘research’ visa, or came to the United States as research scholars on J1 visa and now want to switch to a residency program on the same visa.
Let’s get one major issue out of the way at the very outset – there is no J1 research visa. There’s just the J1 visa. Period. (waiting for the howls of protest to die down!)
From the ECFMG J-1 Visa Sponsorship Fact Sheet :
J-1 (is) a temporary nonimmigrant visa reserved for participants in the Exchange Visitor Program. As a public diplomacy initiative of the U.S. Department of State, the Exchange Visitor Program was established to enhance international exchange and mutual understanding between the people of the United States and other nations.
The Exchange Visitor Program is governed by the US Government’s Code of Federal Regulations title 22, part 62. The J1 visa is issued for this purpose under a variety of categories including “Professors and research scholars” and “Alien physicians” (don’t you love that word – Alien? Sounds like one of those scary Sigourney Weaver movies – the Alien Physician Returns!).
Getting back to the matter at hand, J1 visa is issued for a variety of purposes / categories but it is still the same ol’ J1. There is no specific J1 research visa as such. Rules and regulations that apply to J1 “physician” visa also apply to J1 “research” visa even though the categories are different. Moreover, this business of ‘categories’ is important, actually critical as we will see below.
Eligibility criteria for J1 ‘research’ visa
To be eligible for J1 visa for research, you must meet some eligibility criteria:
(1) The participant must not be a candidate for a tenure track position.
(2) The participant has not been physically present in the United States as a nonimmigrant…for all or part of the twelve-month period immediately proceeding the date of program commencement set forth on his or her Form DS–2019, unless:
(i) The participant is transferring to the sponsor’s program pursuant to provisions set forth in §62.42;
(ii) The participant’s presence in the United States was of less than six months duration; or
(iii) The participant’s presence in the United States was pursuant to a short-term scholar exchange activity; and
(3) The participant is not subject to the prohibition against repeat participation set forth at §62.20(i)(2).
Those are rather self-explanatory we think, so we will save our words for later!
Who sponsors the J1 ‘research’ visa?
Unlike residency programs, where ECFMG sponsors all the J1 visas, sponsors for J1 research vary. The Department of State has designated some institutions to be bona fide exchange visitor programs for this purpose. These programs would sponsor your J1 visa if you are joining them for research. ECFMG provides research sponsorship for programs at hospitals or institutions that do not have their own J-1 research designation.
Is it possible to change from research to clinical track?
Changing categories under the Exchange Visitor Program is possible although ECFMG states this:
Exchange Visitors may not, as a matter of course, change from one J-1 category designation to another. The categories most often used by foreign national physicians are: “research scholar,” “professor,” “student,” and “alien physician.” For example, physicians entering the United States in J-1 status under the category of “research scholar” may not change to the “alien physician” category for clinical training without prior DoS approval. (Emphasis added by us)
But, possible does not always mean feasible particularly when it comes to changing from research stream to clinical side for international medical graduates. Notice the bit about Department of State approval in the quote above? Now, consider this language from the eCFR (electronic Code of Federal Regulations):
The Department of State may, in its discretion, permit an exchange visitor to change his or her category of exchange participation. Any change in category must be clearly consistent with and closely related to the participant’s original exchange objective and necessary due to unusual or exceptional circumstances.
Now, it may be possible to show why and how switching to clinical side is “consistent and closely related” to the original objective of research, but you may find it quite difficult to show unusual or exceptional circumstances. A reason like “I saw a patient suffering and the doctor inside me was reawakened” would probably not be sufficient!
Is a research scholar subject to home country requirement Section 212(e)?
Section 212(e) of the Immigration and Nationality Act is the requirement that you return to your home country / last legal permanent residence, for a period of 2 years after being on J1 visa. A very commonly asked question is whether a foreign / international medical graduate doing research on J1 research visa is still subject to the home country (i.e. Section 212e) requirement.
If your research was funded by the US Government or the governement of your home country, that section does apply. It applies even if you had no clinical contact during your research and were a complete lab rat! The section in question depends on funding in this case. (Another usual reason section 212(e) applies is if you are on your country’s “Skills” list).
Duration of research on J1
According to the eCFR, the maximum duration of research permitted on J1 is 5 (five) years. This is clearly different from the J1 “physician” visa which is valid for a maximum of 7 years. After completion of these 5 years, you may not participate as research scholar for 2 years after completion of your program.
You can however apply for an extension, if:
- your research program is under the direct sponsorship of a Federally Funded National Research and Development Center (“FFNRDC”) or a U.S. Federal Laboratory, and
- the lab states that your continuing participation is necessary for the completion of the project, and,
- Department of Homeland Security OK’s the extension.
Keep in mind that being funded by the US Govt subjects you to the 2-yr home country requirement.
Time remaining after research on J1
A J1 visa is valid for a maximum duration of 7 years. If your program ends sooner, it is valid for less than the maximum allotted 7 years. So what happens if you do research for 3 years and then switch over to clinical side, i.e. residency training? How much time do you have left for the clinical training?
The answer is, J1 is valid for a maximum of 7 years. If you spend a certain period of time doing research on J1, you are using up part of that maximum 7 year period. So, in the example above, you will have only 4 years left to do clinical training. We took the trouble of verifying this issue specifically.
We told you, there is no J1 ‘research visa’, its the same ol’ J1 !
Bottomline
Overall, it appears that J1 research is not the right way to go if your ultimate plan is to get into a residency program. If your aim is to engage in research and then return to your home country, you get to do that and J1 is the probably the perfect visa. But, if you are planning to use research on J1 as conduit to clinical training, think again. You will probably have a better chance studying for MPH etc. on an F1 visa and then moving on to a residency program perhaps on H1B. But, that has its own issues of finances since you (mostly) don’t get paid on F1 visa. Whoever said life was easy!
Resources
- The ECFMG Exchange Visitor Sponsorship Program (EVSP)
- ECFMG EVSP Reference Guide (pdf file)
- Electronic Code of Federal Regulations (Select the appropriate category in Subpart B)
