Prior to 1981, the United States required graduates of foreign medical schools licensed and practicing medicine in the United States to have passed the Visa Qualifying Examination (VQE) in order to immigrate as a practicing (clinical) physician. To address an immediate need for physicians and avoid bureaucratic delays, Congress eliminated this requirement in 1981 for certain foreign medical graduate physicians as part of a new special immigrant category. This program has no sunset date.
Graduation from a foreign medical school or licensure as practicing physician in a foreign country
Full and permanent licensure to practice medicine in a U.S. state on January 9, 1978, and practicing medicine in a state on that date
Admission to the United States before January 10, 1978, as a J or H nonimmigrant
Continuous presence in the United States since that admission in the practice or study of medicine
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Regulatory Criteria
Adjustment of Status Eligibility Requirements
To adjust to lawful permanent resident (LPR) status as a special immigrant physician, an applicant must meet specific eligibility requirements.
Examples
The applicant has been inspected and admitted or inspected and paroled into the United States
The applicant is physically present in the United States at the time of filing and adjudication
The applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant physician
The applicant had an immigrant visa immediately available when filing and at final adjudication
The applicant is not subject to any applicable bars to adjustment of status
The applicant is admissible to the United States or eligible for a waiver
The applicant merits the favorable exercise of discretion
Special Immigrant Physician Classification Requirements
Requirements for classification as a special immigrant physician under INA 101(a)(27)(H).
Examples
Graduation from a foreign medical school or licensure as practicing physician in a foreign country
Full and permanent licensure to practice medicine in a U.S. state on January 9, 1978
Practicing medicine in a state on January 9, 1978
Admission to the United States before January 10, 1978, as a J or H nonimmigrant
Continuous presence in the United States since admission in the practice or study of medicine
Bars to Adjustment
Certain adjustment bars do not apply to special immigrant physicians and their derivatives. However, if these special immigrants fall under any other adjustment bar, they are not eligible to adjust status.
Examples
Some INA 245(c) adjustment bars do not apply to special immigrant physicians
Other adjustment bars may still apply
Individual case analysis required to determine bar applicability
Admissibility Requirements
In general, an applicant who is inadmissible to the United States may only obtain LPR status if he or she obtains a waiver or other form of relief, if available.
Examples
INA 212(a)(1) Health-Related grounds apply
INA 212(a)(2) Crime-Related grounds apply
INA 212(a)(3) Security-Related grounds apply
INA 212(a)(4) Public Charge grounds apply
INA 212(a)(5) Labor Certification - EXEMPT (does not apply)
INA 212(a)(6) Illegal Entrants grounds apply
INA 212(a)(7)(A) Documentation Requirements apply
Treatment of Family Members
The spouse or child (unmarried and under 21 years of age) of a special immigrant physician, if otherwise eligible, may accompany or follow-to-join the principal applicant.
Examples
Spouse may apply as derivative applicant
Unmarried children under 21 may apply as derivative applicants
Derivatives adjust under same immigrant category and priority date as principal
Family members file their own Form I-485 applications
Filing Requirements
An applicant seeking adjustment of status as a special immigrant physician may file after USCIS approves the special immigrant petition.
Examples
File I-485 after USCIS approves Form I-360 petition
Petition must still be valid at time of I-485 filing
USCIS must have jurisdiction over the adjustment application
Visa availability requirements must be met
May not file I-485 concurrently with Form I-360
Codes of Admission
Upon approval, USCIS assigns specific codes of admission to applicants adjusting under this category.
Examples
Special Immigrant Physician: SJ6
Spouse of Immigrant Physician: SJ7
Child of Immigrant Physician: SJ7
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Application Process
Verify Eligibility
Confirm you meet the January 1978 requirements for licensure, practice, and admission.
File Form I-360
File petition for special immigrant physician classification.
I-360 Approval
Wait for USCIS to approve the special immigrant petition.
File Form I-485
After I-360 approval, file for adjustment of status.
Interview
Attend interview at USCIS field office if required.
Green Card
Receive permanent resident status upon approval.
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Key Benefits
Permanent residence (Green Card) for qualifying physicians
No sunset date - program remains available
Exempt from labor certification requirements
Spouse and children may accompany as derivative applicants
Path to U.S. citizenship after 5 years
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Documents Needed
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Form I-485, Application to Register Permanent Residence or Adjust Status
Copy of Form I-797 approval notice for I-360
Two passport-style photographs
Copy of government-issued identity document with photograph
Copy of birth certificate
Copy of passport page with nonimmigrant visa (if applicable)
Copy of passport page with admission or parole stamp
Copy of Form I-94 Arrival/Departure Record
Form I-693, Report of Immigration Medical Examination
Evidence of foreign medical school graduation or foreign licensure
Evidence of U.S. state medical licensure as of January 9, 1978
Evidence of medical practice in a U.S. state on January 9, 1978
Evidence of J or H nonimmigrant admission before January 10, 1978
Evidence of continuous presence in U.S. in practice or study of medicine
Certified police and court records (if applicable)
Form I-601 waiver application (if applicable)
Documentation of J-1/J-2 status and 2-year foreign residence requirement compliance (if applicable)
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Frequently Asked Questions
What is the special immigrant physician category?
This category was created by Congress in 1981 to allow certain foreign medical graduate physicians who were licensed and practicing in the U.S. before 1978 to immigrate without passing the Visa Qualifying Examination (VQE). This program has no sunset date.
What are the key dates for eligibility?
You must have had full and permanent licensure to practice medicine in a U.S. state on January 9, 1978, been practicing medicine on that date, and been admitted to the U.S. before January 10, 1978 as a J or H nonimmigrant.
Am I exempt from labor certification?
Yes. Special immigrant physicians are exempt from the labor certification requirement under INA 212(a)(5). However, other grounds of inadmissibility may still apply.
Can I file Form I-485 at the same time as Form I-360?
No. You may not file an adjustment application concurrently with Form I-360. You must wait for USCIS to approve the I-360 before filing Form I-485.
Can my family members also get Green Cards?
Yes. Your spouse and unmarried children under 21 may accompany or follow-to-join you as derivative applicants under the same immigrant category and priority date.
What codes of admission are assigned?
Special immigrant physicians receive code SJ6. Spouses and children of special immigrant physicians receive code SJ7.
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