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There are plenty of avenues for doctors to get a green card in the U.S. An employment-based green card allows foreign physicians to live permanently in the country or even open their practice. The question is: which green card is the best, and how does one obtain it? Keep reading to learn how to qualify and apply for an EB-1 for physicians.
The EB-1 is the highest preference level for employment-based green cards. It carries with it the greatest prestige and benefits, but it is also one of the more difficult green cards to obtain because of the high standards that the requirements set.
The EB1 criteria for physicians are outlined below:
If you want an EB-1 for physicians and medical doctors, then EB-1A and EB-1B are your best bet. Because of this, we will focus only on these for this article.
Are you a doctor seeking a green card? Let VisaNation’s expert attorneys guide you through the process. Contact us today for personalized legal support! Contact Us
Are you a doctor seeking a green card? Let VisaNation’s expert attorneys guide you through the process. Contact us today for personalized legal support!
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The EB-1A is for people with extraordinary education, art, business, science, and athletics abilities. This relatively broad specification makes it an ideal choice as an EB-1 for physicians.
However, proving that you have extraordinary achievements in your field is not an easy task. You need to either show that you have won an international award like a Nobel Prize or demonstrate that you have achieved at least three of the following:
While not many physicians can boast of an award as prestigious as the Nobel Prize, it is not uncommon for foreign doctors to find evidence that fulfills at least three of the above with the help of an expert.
If you have evidence of extraordinary achievements for the EB-1 Visa but don’t find them on this list, the USCIS has a catch-all phrase in the Code of Federal Regulations (CFR) at 8 CFR § 204.5(h)(4).
The regulation states:
“If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.”
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Take the first step towards your green card today with expert guidance from VisaNation’s attorneys
One of the main benefits of the EB-1A visa is that applicants can self-petition and so don’t need a job offer or an employer to qualify. There are a number of physician permanent resident options that may be suitable for you including the EB-1B outlined below.
This category is significantly less common because the EB-1B is for outstanding researchers and professors, a relatively narrow category that is not as inclusive as the EB-1A. However, this option is sometimes overlooked as an EB-1 green card for doctors.
To qualify, the USCIS has laid out these criteria. You need to provide evidence that you have done at least two of the following:
The processing time for an EB-1 for physicians is 13 to 14.5 months. The I-140 processing time will vary, depending on factors such as the number of pending applications at a particular USCIS service center, policy changes, and Case Complexity. To get the most up-to-date processing times, use the USCIS processing time tool.
Once the USCIS has received the I-140, you must wait for your priority date to be current. For the nationals of most countries, the dates are already current, and you can move on to the next step as soon as your USCIS approves your I-140. Be sure to check the latest visa bulletin to see where your category stands.
The last step would be for you to file an I-485 to have your status adjusted from nonimmigrant to immigrant. This form’s processing also depends on the service center but averages six months. In total, the processing time could take about one to five years.
However, if you want to speed up this process, you can opt for premium processing. For an additional fee, the USCIS will process your I-140 petition in 15-45 calendar days. Remember that this service cannot be used for any other stage in the process. Premium processing also does not increase your chances of being approved.
Yes, doctors can often obtain a green card faster through the EB-1 and EB-2 National Interest Waiver (NIW) pathways compared to other visa routes. These categories offer expedited processing and do not require employer sponsorship or labor certification, which significantly shortens the overall timeline.
This category is for individuals with extraordinary ability in their field, and it has one of the fastest processing times.
The national interest waiver (NIW) varies in its requirements and is particularly more accessible for physicians. If a physician meets the criteria for the second preference, the employment-based category (EB-2), they can acquire a national interest waiver by committing to work in a health professional shortage area and fulfilling additional qualifications.
The success of an NIW request relies heavily on providing strong supporting evidence. If the documentation submitted is incomplete, inconsistent, or does not sufficiently establish the applicant’s qualifications and the national interest aspect of their work, the USCIS may deny the NIW request.
It is crucial to submit comprehensive documentation that clearly demonstrates the significance and impact of the applicant’s work. One strategy is to apply for different visas in parallel. For instance, some clients have applied for an EB-1A green card and an EB-2 NIW to increase their chances of obtaining a green card faster.
Need assistance with your green card application? Contact VisaNation’s experienced legal team today! Contact Us
Need assistance with your green card application? Contact VisaNation’s experienced legal team today!
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Every year, numerous doctors apply for the EB-1 visa, and some of them get rejected. Although there are various avenues to appeal a rejection, it is always best to make your initial application as bulletproof as possible.
1. Gather evidence of your contribution to clinical practice. You should document if you have innovated a medical procedure or developed a new one that others have used in your field.
2. Gather evidence of your contribution to medical or procedural guidelines. If you have influenced a policy change, this could speak to your expertise and skills. The contribution can be on any level, be it national, regional, or even at a hospital and sometimes clinic level.
3. Keep a record of challenging and rare procedures you have performed.
4. Showcase your medical specialization. If you are an expert in a particular medical area and treat patients with rare conditions, this could prove extremely useful to the U.S.
5. Document your public speaking opportunities or presentations. These events are a great opportunity to share your knowledge and contribute to improving a specific clinical practice area.
6. Keep evidence of when you assess the work of other medical professionals. As a physician, you have plenty of opportunities to judge the work of others, like evaluating journal articles, reviewing policies and training manuals, and training staff in new skills and procedures.
7. Keep a record of the awards, recognitions, and certifications that you have received. It is best to outline how they are valuable and why they are so prestigious or sought after.
All this evidence is used to meet EB-1 qualifications. The more evidence you have, the better!
Physicians looking to obtain an EB-2 green card may qualify for what’s known as a national interest waiver. With an NIW, you can bypass the PERM requirement and, with that, the need for an employer altogether.
Other healthcare workers aside from doctors, including physician assistants, nurses, physical therapists, pharmacists, dentists, and medical researchers, have unique opportunities to obtain a green card in the United States. The U.S. government offers several immigration pathways designed to meet the growing demand for healthcare professionals. Among the fastest and most beneficial routes are the EB-1, EB-2 National Interest Waiver (NIW), and EB-3 visa categories.
Each pathway has specific eligibility requirements, but the healthcare field is one of the most in-demand sectors, making it easier for professionals to qualify.
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While some other green cards, such as the EB-2 NIW have different requirements for doctors and physicians, the EB-1 does not. Your goal is to produce evidence in favor of the legal standards and precedent set for the given requirements. This means curating evidence to fit the criteria for an EB-1 for physicians.
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PERM is the first step in the process of applying for employment-based lawful permanent residency (green card). It is in place to ensure that overseas talent does not displace viable U.S. workers. The PERM process can be lengthy, and processing times are currently over 400 calendar days, but there are ways to bypass this if you are applying under the EB-2 category.
For doctors on a J-1 visa who completed medical training in the U.S., the Conrad 30 Program offers an option for obtaining a green card. Under this program, physicians can obtain a J-1 waiver by agreeing to work for at least three years in a shortage area or underserved community. This waiver allows them to apply for permanent residency (green card) while contributing to public health needs.
Not necessarily. There are ways to expedite the processing of your case, but it would be incorrect to say that one employment category is guaranteed a faster green card over another profession.
Yes, you can transfer as long as you meet the requirements under “extraordinary ability.” An O-1 visa lawyer will best be able to gauge whether this is the best path for you, taking into consideration your long-term goals and personal merits.
Adjusting your status to an EB-1 for physicians is only available to doctors who are currently in the U.S. under nonimmigrant visas such as the H-1B or O-1. If you are currently abroad, you must go through consular processing.
You must make an appointment with the designated U.S. consulate or embassy once your I-140 has been approved. At this appointment, you will be interviewed by a consular officer and asked questions about your personal life, foreign practice, education, work history, and planned work in the U.S. You can enter the U.S. under EB-1 status if the officer clears you.
As a physician in the medical world, you know that having an expert on your side can be the difference between success and failure. The same is true for immigration law. If you want to avoid costly and unnecessary issues during the process of obtaining an EB-1 for physicians, hiring an immigration attorney is essential.
VisaNation Law Group EB-1 attorneys have years of experience handling complex EB-1 cases and conquering obstacles. Even if you think your case will have problems, VisaNation Law Group lawyers are up to the challenge. Get started by booking a consultation today!
