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Question of the Month
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Q. If I have a choice between filing an EB-1(a) and EB-1(b) petition, which petition would you recommend?
A. It depends. If you meet both criteria, generally we recommend that you file for an Alien of Extraordinary Ability petition, which will not bind you to any particular employer and which you may file on your own behalf. An Outstanding Professor/Researcher petition, however, requires a job offer and the sponsorship of an employer. In addition, a change of employers while your petition is pending may affect your Outstanding Professor/Researcher petition.
Often, clients file both petitions simultaneously. If one petition is denied for some reason, there is still a chance that the other petition may be approved. If both petitions are approved, you may choose the petition under which you will process you green card application (usually the Extraordinary Ability).
To submit a question to the Badmus' attorneys, click here and read the disclaimer and privacy notices before submitting your question.
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Recruiter's Resources
Got immigration questions!
Visit us in Chicago at the NAPR Annual Conference!
April 28-29, 2011
www.napr.org | | 10 Immigration Rules Every Physician Recruiter Must Know
(webinar recording)
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| Subscribe Here! |
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Greetings!
We are continuing with our series, "The Road to Legal Permanent Residence."As mentioned in our last issue, we will explore only the first two employment based green card categories, Priority workers and Professionals with advanced degrees and persons of exceptional ability, as these are the categories most frequently (almost exclusively) used by physicians to obtain permanent residence in the U.S.
In this issue we provide general information about the first category, Priority workers, and as always, we include important news and information to keep you up to date on J-1, H-1B, green card and other immigration matters so you can stay on top of your immigration process.
Angela M. Lopez |
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Badmus Law Firm has a New Address!
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Badmus Law Firm now serves its clients nationwide from the following new location:
11325 Pegasus Street
Suite S-215
Dallas, Texas 75238
For fastest postal delivery, our mailing address is:
P. O. Box 551209
Dallas, Texas 75355
Our telephone numbers remain the same:
469-916-7900 Telephone
469-916-7901 Fax
888-849-9104 Toll Free
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THE ROAD TO LEGAL PERMANENT RESIDENCE ("Green Card") - Part 2
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EMPLOYMENT-BASED GREEN CARDS First Category - PRIORITY WORKERS (EB-1) The first level of priority, EB-1, is reserved for "priority workers." Approximately 28.6%, or 40,000 visas, are reserved for workers in this category. Medical professionals who qualify for this category include persons of extraordinary ability and outstanding professors and researchers. Person of Extraordinary Ability - EB-1(a) To qualify as a "person of extraordinary ability," a foreign born physician must meet requirements similar to those for the O-1 visa. He 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 the following distinctions:
- The physician has received nationally or internationally recognized prizes or awards for excellence in his area of expertise;
- The physician belongs to professional associations which require outstanding achievements of their members, as judged by recognized national or international experts;
- The physician has been the subject of articles in major media or trade publications relating to his work;
- The physician has participated on a panel or as a judge of the work of others in his area of practice;
- The physician has made original scientific or scholarly contributions of major significance;
- The physician has written scholarly articles that have been published in professional journals or other major media;
- The physician has worked in a critical capacity for an organization with a distinguished reputation in the field of medicine; or
- The physician has commanded a high salary or other compensation.
The chief 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. Evidence of this intent can include an employment contract, an offer of employment, or simply an expressed intent to engage in self-employment. To qualify as a person of extraordinary ability, a physician must produce extensive documentation and the support of medical experts. For many physicians practicing clinical care, this is simply not an option. Outstanding Professors and Researchers - EB-1(b) To qualify as an "outstanding professor or researcher," a foreign born physician must have at least three years of teaching or research experience. Furthermore, the physician 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, he/she must show international acclaim as a researcher or professor by accomplishing at least two of the following achievements: - Receipt of major prizes or awards for outstanding achievement in her field of expertise;
- Admission into a professional association that requires outstanding achievements of its members;
- The subject of an article in a professional publication detailing her work in the field of expertise;
- Participation as the judge of the work of others in the field;
- Original scientific or scholarly research contributions to the field; or
- Authorship of scholarly books or articles in the field of expertise.
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 our next issue we will discuss the Professionals with advanced degrees and persons of exceptional ability as it relates to physicians.
Your particular situation may differ depending on your specific facts and circumstances. Please consult with an experienced immigration attorney for more information.
The benefits of permanent residence are tremendous so why wait? You are invited to contact Badmus Law Firm to evaluate the best and fastest way you can become a permanent resident. Call or email 469-916-7900 or immigration@badmuslaw.com.
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J-1 Waiver Update! | |
Since October 1, 2010, most states have been accepting J-1 Visa Waiver Applications for Conrad State 30 Programs for fiscal year (2010-2011). Currently, some Conrad State 30 Programs have filled all their slots and are closed, and others have deadlines that have passed so they are not accepting J-1 Visa Waiver Applications at this time, but may re-open later. Most others are open and will continue to accept J-1 Visa Waiver Applications until all their 30 slots are filled.
For the status of each state's waiver program, click here.
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H-1B Visas and Cap-Exempt Advisory
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New H-1B visa and cap-exempt to cap-subject H-1B visa applications can be filed on April 1, 2011 for an October 1, 2011 employment start date. Now is the time to prepare to win one of the 65000 H-1B available visas or 20000 master degree cap H-1B visas.
H-1B Cap Exempt Advisory
On March 17, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit organizations who seek cap-exemption based based on an affiliation with or relation to an institution of higher education.
Effective immediately, and until further notice, the USCIS will defer to its previous decisions made since June 6, 2006, that determined that a non-profit entity is related to or affiliated with an institution of higher education - absent any significant change in circumstances or clear error in the prior adjudication - and, therefore, exempt from the H-1B statutory cap.
To take advantage of this interim rule, employers must prove that they previously received approvals of exemption from the H-1B cap as a non-profit entity that is related to or affiliated with an institution of higher education. Acceptable proof includes a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and a copy of the previously issued applicable I-797 approval H-1B notice issued by USCIS since June 6, 2006. Employer must also submit any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
This interim rule is good news for many hospitals and other employers. However,the USCIS expects to issue permanent guidance in the future and can reverse this rule. Given the temporary nature of this rule, employers who seek cap-exemption and have previously qualified should file their petitions as soon as possible.
For more information about H-1B visas or other work visas or fast and expert assistance with your H1-B petition (cap or cap-exempt), you are invited to contact us at 469-916-7900 or immigration@badmuslaw.com.
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Green Card Availability |
U.S. immigration law imposes a worldwide limit to the number of immigrant visas (green cards) given out each year. If more people from a country apply than there are available visas, there will be a shortage of visas and the U. S. State Department will set up a waiting list of people. The list is kept in Priority Date order with the earliest Priority Date at the top of the list. The Priority Date is usually the date the immigration petition was received by the United State Citizenship & Immigration Service (USCIS) or the date the application for labor certification was received by the U. S. Department of Labor.
The Department of State (DOS) maintains the "waiting list" for family and employment-based green cards and publishes the status of the waiting list monthly through its visa bulletin.
Physicians are generally included in the employment-based second preference category (EB-2) because they hold advanced degrees. For most physicians, green cards are available and there is no "queue." However, physicians born in India or China must wait many years for a green card because of the high immigration rate of nationals from those countries. This is commonly called a "visa retrogression."
Here are some highlights of the April 2011 visa bulletin.
EB1 - all current
EB2 - all current, except China (July 22, 2006) and India (May 8, 2006) EB3 - all July 22, 2005, except China (March 1, 2004), India (April 8, 2002), Philippines (July 22, 2005), and Mexico (May 8, 2004).
The benefits of permanent residence are tremendous so why wait? You are invited to contact Badmus Law Firm to evaluate the fastest way you can become a permanent resident. Call or email 469-916-7900 or immigration@badmuslaw.com. |
| FEATURED JOB OPPORTUNITIES | |
For employers or recruiter agencies who have indicated interest in hiring foreign national medical graduates,
visit www.badmuslaw.com
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Thank You! |
Thank you for recommending your friends and colleagues to us! To help your friends or colleagues learn the true facts about immigration, please forward this newsletter and invite them to contact us.
The information in this newsletter has been provided as an educational service. If you have specific questions or issues related to immigration, you are invited to call us at 469-916-7900 or email me at alopez@badmuslaw.com.
Until next time,
Angela M. Lopez
Attorney
Badmus Law Firm
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NOTE: Immigration law changes frequently. The resources and information provided in this newsletter are intended to help you understand basic issues involved in the immigration process, and are offered only for general informational and educational purposes. This information is not offered as, nor does it constitute legal advice or legal opinions. Although we strive to keep this information current, we neither promise nor guarantee that the information is the latest available, or that it applies to your specific situation. You should not act or rely upon the information in these articles without seeking the advice of an attorney. To consult with Badmus Law Firm regarding your case, click here.
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