The Best U.S. Visa Options for Foreign Health Care Workers in 2026 (H-1B, H-2B, O-1 & More)
At a time when healthcare is so critical, the United States is facing some fairly major staffing problems. There simply aren’t enough doctors to go around, and many other health care jobs are experiencing shortages and vacancies. Due to this drought of qualified medical professionals, patients in a lot of areas are not getting the care they need, and in some regions, the shortages affect just about everyone.
The 2026 H-1B cap season is expected to be one of the hardest in years. A new proposal to charge a $100,000 fee for some overseas H-1B hires could make things even more difficult, especially for small and mid-sized employers. With lottery changes coming and filings getting more closely reviewed, many organizations, especially in health care, education, and tech, don’t have the luxury of waiting until next spring to prepare.
At Coleman Jackson, P.C., our Texas business immigration lawyers understand that visa and work-authorization terms can be confusing. If you need to fill a vital role before the 2026 lottery opens, you have choices. So, to that end, here are the basics of what’s new for health care immigration options.
Nonimmigrant Visas
H-1B Visas
These visas are for jobs that require at least a bachelor’s degree to get hired. For doctors who will treat patients, getting an H-1B visa means they must have ECFMG certification, pass the U.S. medical licensing exams, and hold a current medical license in the state where they plan to work.
Only 85,000 of these visas are available each year, and the government runs a lottery for them in March or April. Want to avoid the lottery? Then the job must be with a college or university, a nonprofit school, a government research group, or a nonprofit organization that is officially linked to one of these institutions.
Health care workers from Canada and Mexico can also apply for a Trade NAFTA visa. This visa covers several medical jobs, but doctors can only use it if they are doing research or teaching, not treating patients.
Health care workers from Chile, Singapore, and Australia have their own visa categories (H-1B1 and E-3). These visas don’t have the same yearly limits and competition that the regular H-1B visa does.
Extraordinary Ability: O-1 visas
These visas are for people, typically researchers and scientists, who can prove that they are highly respected and well-known in their field. They can demonstrate this with accolades such as news articles, awards, strong recommendations, research citations, or active memberships in competitive professional groups.
For doctors finishing a J-1 program, an O-1 visa can be a strong option.
Cultural Exchange: J-1 visas
These visas are for “cultural exchange” programs and are handled by the U.S. Department of State. One part of this program, called “Alien Physician,” is used for medical residents and fellows. The J-1 has some benefits compared to the H-1B: it costs health care employers less, it doesn’t require them to pay a government-set “prevailing wage,” and it doesn’t count against the time limit you’re allowed to spend in H-1B status.
But there is one big drawback to the J-1 visa: most J-1 doctors must return to their home country for two years after their residency or fellowship ends. This is called the “two-year home rule.” Our recent immigration blog explains different ways doctors can apply for a waiver so they may stay in the United States instead of going home for those two years.
Immigrant Visas
PERM Labor Certification
This is the most common way for someone to get a green card through their job. It takes a lot of work from the employer, and the whole process usually takes about a year. Before an employer can sponsor a foreign worker for a green card, the law says they must first try to hire a U.S. worker. They have to advertise the job in newspapers, online, at job fairs, and in other places to show that no qualified U.S. worker is available before they can file the PERM application.
This is known as “testing the labor market.” One gigantic exception to this applies to those “Schedule A” occupations that have seemingly endless shortages, such as occupational therapists and professional nurses. These workers should be able to bypass the PERM Certification and apply directly for an I-140 immigrant visa. This is, in almost all cases, the best and only option for nurses, who would, under normal circumstances, never qualify for an H-1B or any other provisional work visa.
Physician National Interest Waiver
In this category, doctors do not have to go through the PERM process or the labor market test. But they must agree to work full-time in a clinical job for five years. This rule applies to all doctors, whether they are specialists or general practitioners.
The doctor must work in a place the federal government has labeled as having too few medical providers. They also need a letter from a federal agency or a state health department saying they know the doctor is qualified and that hiring them will help the community.
Do You Need a Texas Business Immigration Lawyer?
Understanding these visa options can help health care employers and workers choose the path best suited to their needs. Given that the rules are strict and changeable, getting the right guidance is imperative.
If you need help with a work visa or immigration issue in Texas, call Coleman Jackson P.C. at (214) 599-0431 or reach out through our online contact form to schedule a consultation with one of our skilled Texas business immigration lawyers.
This law blog is written by the attorneys at Coleman Jackson, P.C., located at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206, for educational purposes only. It does not create an attorney-client relationship between this law firm and the reader. You should consult with legal counsel in your geographic area regarding any legal issues affecting you, your family, or your business.
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