The U.S. healthcare industry is facing a workforce shortage. From rural hospitals to major urban medical centers, some providers are struggling to recruit and retain the professionals they need to maintain staffing levels and meet patient demand.
To close that gap, many institutions are turning to foreign-trained healthcare professionals including physicians, nurses, therapists and more. For employers hiring international talent for the first time, the process may seem complex, or even overwhelming. But there are strategies that hospitals can implement to help their team navigate the visa sponsorship process.
This article outlines four things hospitals, clinics and other healthcare providers should know about sponsoring foreign national medical personnel.
Match the right visa to the right role
Different healthcare positions allow for different visa options.
For example, physicians working in underserved areas may qualify for the Physician National Interest Waiver (PNIW), which allows them to bypass the costly and lengthy PERM labor certification process. TN visas are viable for certain healthcare roles for Canadian or Mexican citizens, while similar visa categories exist for nationals of Australia (E-3), as well as Chile and Singapore (H-1B1).
LEARN MORE: EB-2 physician green card pathways: PERM vs. the Physician National Interest Waiver (PNIW)
H-1B visas may be an option for therapists, technologists, researchers, and other related positions, and healthcare organizations may qualify for cap-exempt positions, more information about which follows in a later section.
Be ready for ICE visits
Hospitals were once considered "sensitive locations," where ICE rarely, if ever, conducted enforcement efforts. That protection was rescinded as of Jan. 2025, meaning ICE and FDNS agents may visit medical facilities.
Healthcare employers should develop an internal policy in the event they receive a visit from ICE. That plan could include:
- Designating a specific point of contact
- Knowing the workforce, including understanding your employee makeup and their immigration statuses; being knowledgeable about the hospital's rights and responsibilities with respect to immigration enforcement activities; and following any changes to government policy.
- Keeping documents organized and accessible
- Ensuring employee awareness
- Ensuring compliance with OSHA standards and displaying required notices
FURTHER READING: ICE visits Q&A for healthcare employers, hospitals, and clinics
Use the cap-exempt H-1B if qualified
Hospitals affiliated with nonprofit research institutions or medical schools can file cap-exempt H-1B petitions year-round. This removes the requirement to enter applicable employees into the H-1B cap lottery, which can be unpredictable, costly and time consuming.
Hospitals and other healthcare providers who are not leveraging this strategy should consider consulting with experienced immigration counsel to evaluate whether they could be eligible for H-1B cap exemptions.
Develop an institutional sponsorship policy
Hospitals should work to develop an overall institutional sponsorship policy, instead of operating on a case-by-case. This policy could allow for alignment across departments, including legal, HR, and more, as well as the individual foreign nationals.
That policy could include:
- Sponsorship criteria for roles and departments
- Expected timelines and communication with hiring managers
- Cost allocation between departments or candidates
- Document retention policies for visa records, EAD renewals, and more.
Conclusion
The national healthcare staffing shortage is already affecting many hospitals and providers.
Some institutions are now considering recruiting international talent for the first time to fill the gaps and overcome the shortages, a strategy that has worked for many in the industry. Our firm regularly works with hospitals and healthcare systems of all sizes to develop visa sponsorship strategies that align with staffing goals for all positions, including physicians, nurses, medical technicians and therapists, as well as for IT and HR professionals in related fields.
Contact our firm's Healthcare Specialty Practice Group to learn more about the immigration options and strategies available for hospitals, medical providers of all sizes, and other employers in the sector.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
