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Are you allowed to practice in the States after finishing medical school there?


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If I finish my undergrad in Canada (As a Permanent Resident, probably will get citizenship) and finish medical school in the States, am I allowed to practice there or will I need to obtain PR or Citizenship in the States? and exactly how hard would that be?

 

EDIT: I just searched through the forum and digged up some info (regarding visas and whatnot)

So I can presume it is a difficult process?

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You can do a couple of things.

 

Write the USMLEs in order to get an H-1B temporary work visa, with a duration of three years extendable to six if you have an immigration petition filled for you by your employer. It's sort of stupid since most states consider the LMCC exams to be equivalent to the USMLEs and will allow you to practice if you are a permanent resident. However, for the purposes of getting an H-1B visa, the LMCC exams are not equivalent to the USMLEs.

 

The second, and probably easier option, is through the US labour certification system PERM. Your employer will need to place a job ad and demonstrate that there are no American physicians qualified for the job to the United States Citizenship and Immigration Services (USCIS). At that point, the US Department of Labor will approve the PERM application. The employer then needs to send a visa petition I-140 form and you can apply for permanent residence. The whole process takes 18-24 months, but American employers may be reluctant to sponsor you if you're already working in Canada.

 

The best way is to write your USMLEs so you have a temp H-1B visa and can work in the US and then have your employer sponsor you for the PERM application and visa petition so that you can apply for permanent residency.

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You can do a couple of things.

 

Write the USMLEs in order to get an H-1B temporary work visa, with a duration of three years extendable to six if you have an immigration petition filled for you by your employer. It's sort of stupid since most states consider the LMCC exams to be equivalent to the USMLEs and will allow you to practice if you are a permanent resident. However, for the purposes of getting an H-1B visa, the LMCC exams are not equivalent to the USMLEs.

 

The second, and probably easier option, is through the US labour certification system PERM. Your employer will need to place a job ad and demonstrate that there are no American physicians qualified for the job to the United States Citizenship and Immigration Services (USCIS). At that point, the US Department of Labor will approve the PERM application. The employer then needs to send a visa petition I-140 form and you can apply for permanent residence. The whole process takes 18-24 months, but American employers may be reluctant to sponsor you if you're already working in Canada.

 

The best way is to write your USMLEs so you have a temp H-1B visa and can work in the US and then have your employer sponsor you for the PERM application and visa petition so that you can apply for permanent residency.

 

Interesting, do you know if it will be different for hospitals? I ask because hospitals or non profit organizations are exempt from the H1B cap, so will they be treated differently for the employer sponsorship (post H1B) compared to the other professions? I find it hard to imagine that a US hospital will be able to demonstrate that they can't find an American to take your spot as (say), a certified internist.

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Interesting, do you know if it will be different for hospitals? I ask because hospitals or non profit organizations are exempt from the H1B cap, so will they be treated differently for the employer sponsorship (post H1B) compared to the other professions? I find it hard to imagine that a US hospital will be able to demonstrate that they can't find an American to take your spot as (say), a certified internist.
The thing is that "qualifications" is a pretty subjective term and qualifications are marked subjectively. That's how a few family friends explained it (they graduated in Canada and went to the US for practice). It's essentially a sort of loophole. If you plan to work in the US as a primary care physician, it's much easier to obtain permanent residence because of the "National Interest Waivers" application where you promise a 5-year deal to work in an underserved area as a primary care physician.

 

Basically, the best three options I've researched are:

Get a visa petition filed for you by your US employer to become a PR

Work in the US on an H1-B visa and attempt to renew it when your time is up

Work in an underserved area as a primary care physician for 5 years to become a PR

 

People who plan to practice in the US should get in touch with an immigration lawyer to see what their best option is.

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