Employment-Based Fourth Preference

EB-4 Certain Physicians

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.

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01

Eligibility Requirements

02

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
03

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.

04

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
05

Documents Needed

06

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.

Need help with your immigration case?

Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.

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For informational purposes only — not legal advice · Consult an attorney for your specific situation.