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Question of Week
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Question: |
Do I have any options to stay and work in the U.S., If do not apply for a J waiver right away?
Answer:
The two-year home residency requirement would not prevent you from obtaining an F-1 student visa, which will allow you to attend a university in the U.S. and work under the "optional practical training" once you graduate; or other type of working visa such as O-1 (if you qualify as a person of extraordinary ability), E-1, E-2, O-2, P, etc.
The two-year home residency requirement only applies to H and L visas and to permanent residence.
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There is a small possibility that immigration legislation including a bill to recapture 500,000 immigrant visas and the Emergency Nursing Supply Relief Act ("To provide relief for the shortage of nurses in the United States, and for other purposes") may be approved by Congress and signed into law during the "lame duck" session of Congress after the elections.
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Weekly Newsletter |
November 7, 2008 |
Greetings!
Greetings:
Welcome back to Badmus Law Firm's newsletter focusing solely on issues affecting physicians. The topic of this week's Physicians' Newsletter is obtaining Permanent Residence through the EB1 category. Read on for more information affecting physicians and medical employers. |
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Do's and Don'ts |
Dos and Don'ts
DO use your full legal name, including the full middle name, on all petitions and applications filed in connection with immigration matters. It is important to maintain consistency on all documents submitted to the USCIS.
DON'T wait to correct inconsistencies in the name as presented on the various official documents. If the USCIS cannot determine a person's correct name, they cannot complete a security check, and this will cause significant delays in processing the person's immigration petitions. |
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Going for the Green Card through the EB-1 (Employment Base - first level of priority)
The first level of priority, EB-1, is reserved for "priority workers." Medical professionals who qualify for this category include persons of extraordinary ability and outstanding professors and researchers.
Person of Extraordinary Ability
To qualify as a "person of extraordinary ability," a foreign born physician must prove that he is "one of the few who has risen to the top of his field," either nationally or internationally. As a result, he must be the recipient of either (i) a major, internationally-recognized award or (ii) at least three of eight distinctions as per the regulations.
The main advantage of qualifying as a person of extraordinary ability is that the physician can "self-sponsor." In other words, the physician does not need an employer sponsor. The physician need only show that he intends to continue work in the field of his extraordinary ability.
A physician seeking green card as a "person of extraordinary ability," must produce extensive documentation and the support of medical experts. For many physicians practicing clinical care, this is not an option.
Outstanding Professors and Researchers
To qualify as an "outstanding professor or researcher," a foreign born physician must have at least three years of teaching or research experience. Furthermore, she must enter the U.S. to work in a tenure-track teaching or research position at an institution of higher learning or for a public or private research lab. In addition, she must show international acclaim as a researcher or professor by accomplishing at least two of six achievements as per the regulations.
Once again, EB-1 status as outstanding researcher or professor is not available to most foreign born physicians. Even more, for those physicians who are researchers or professors, it can be more difficult to qualify as an outstanding professor or researcher than it is to qualify as a person of extraordinary ability. This is because outstanding professors and researchers must have achieved international acclaim (in contrast to the national acclaim required by the extraordinary ability classification). Finally, unlike the extraordinary ability track, an outstanding professor or researcher must have an employer sponsor.
In next week's newsletter, we will discuss obtaining permanent residence through the EB-5 category, Investors. Look for your newsletter next Friday! |
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