The U.S. faces a growing shortage of dental professionals, according to the Health Resources and Services Administration (HRSA). Immigrant dentists play a critical role in filling this gap, especially in underserved communities. If you’re a foreign-trained dentist, there are several U.S. immigration pathways available to live and work in the United States. This guide will explore your options and how to navigate the process.
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U.S. Work Visa for Dentists: What Are the Options?
The first thing you should ask yourself is: Do I want to immigrate to the U.S. permanently or temporarily? This will help you decide whether to get an immigrant visa (green card) or a non-immigrant visa (temporary work visa). In many cases, dentists and other immigrants get a nonimmigrant (temporary work) visa and use it to transition to permanent residency (green card) later on.
Take a look at some of the more suitable options for a U.S. work visa for dentists:
H-1B Visa for Dentists
The H-1B visa is the most common U.S. work visa for dentists because of its accessibility. To be qualified, you only need to have a job offer for a specialty position in the U.S. and have at least a bachelor’s degree in a field related to your occupation. If you are a dentist who wants to work for a network or professional group based in the U.S., then this visa may seem perfect.
However, because the H-1B is so popular, tens of thousands of people petition for it each year. This has caused the USCIS to put an annual cap on the number of H-1B visas that are issued each year. And, rather than address the petitions in chronological order, USCIS holds a lottery to randomly select H-1B petitions from two different cap groups.
The first is the master’s cap which is for those with advanced degrees. When selecting petitions, the USCIS will first select 20,000 from this category, followed by 65,000 under the regular cap. Because so many people petition in the regular cap, the odds of selection can be relatively low. However, because you are a dentist and therefore likely have an advanced degree, you will have two shots at an H-1B visa: one during the master’s cap and another during the regular cap, increasing your chances significantly.
Eligibility Requirements
These requirements must be satisfied for the H-1B dentist classification:
- Hold a D.D.S. or D.M.D.
- Obtain a credential evaluation if your degree is from outside the U.S.
- Pass the National Board Dental Examination (NBDE)
- Hold a valid state dental license in the state where you intend to work
- State-specific clinical exams (if applicable)
Check the specific state licensure requirements for the most up-to-date information.
Additionally, the H-1B visa has some restrictions on dates. Your employer cannot petition until April 1st of the year you wish to work. Also, if your petition is selected and approved, you cannot begin working until October 1st.
H-1B Validity Period and Transitioning to A Green Card For Dentists
If you do obtain an H-1B visa, you will be able to stay in the U.S. for up to six years.
Because the H-1B is a dual intent visa, you will be able to pursue your green card while on H-1B status. You can see the timeline of the H1B visa beginning from the point an online account is created through to the registration window, lottery process, and notification of winners. The dates for the lottery may differ slightly, but the start date for beginning work will always be October 1st.
You will be able to tell if you were selected in the lottery by checking the status of your case. One of four updates will show:
- Submitted
- Selected
- Not Selected
- Denied
If it says “Submitted,” this means that the petition was submitted, but USCIS is still considering it, so there hasn’t been an approval or denial yet.
If you see “Selected” that means USCIS chooses your lottery registration, and your employer can file the I-129 after April 1st. The filing deadline will be clearly noted on the selection notice.
“Not Selected” means that USCIS did not choose your registration. All registrations USCIS hasn’t denied will either be “Selected” or remain “Submitted” until the end of the fiscal year. Therefore, if USCIS hasn’t chosen your registration, you will not see “Not Selected” on your registration until October 1.
“Denied” will be labeled if the sponsor submitted more than one registration for the same beneficiary.
Thus, while the H-1B benefits make this path stand out among other choices, there are some obstacles that you may encounter that would prevent you from getting your visa.
Recommended read: H-1B Visa Guide: Ultimate Lottery, Timeline, & Process
TN Visa
If the H-1B cap lottery causes you concern, then the TN visa might be a better option. While it serves as a more versatile visa than the H-1B, the TN Visa is exclusive to citizens of Canada and Mexico.
- Being a legal permanent resident of either country is not sufficient.
- There is a limited list of occupations that qualify for the TN. Fortunately, dentistry is on the list.
If you are a dentist with Canadian or Mexican citizenship, you will need to show that you either have the appropriate professional degree or a state/provincial license to practice dentistry in the U.S.
Once issued, you will be able to stay in the U.S. for three years with the opportunity to extend your visa an unlimited number of times in three-year increments. (TN visas a issued in 1-year increments but can be extended.)
Requirements
To be eligible for a TN for dentists, you must have one of the following qualifications:
- Doctor of Dental Surgery or Doctor of Medicine in Dentistry Degree
- Doctor en Odontologia or Doctor en Cirugia Dental
- State/provincial license
Be prepared to show evidence that you have your degree or licensure in dentistry from Canada/Mexico/U.S.
However, the TN visa is not a dual intent visa, meaning that you must maintain the intention of returning home after your stay is over.
The key takeaway is that pursuing a green card while on TN status could result in consequences to your current status and future immigration opportunities. While getting a green card in this situation is possible, it is not advised without the help of an attorney.
J-1 Visa
The J-1 visa is a common U.S. work visa for dentists because it is suitable for medical students. Rather than have a sponsoring employer, J-1 holders have a sponsoring program that dictates their employment and length of stay in the U.S.
However, like the other visas, there is a catch. Once you complete your J-1 visa stint, you will need to fulfill the home residency requirement, which requires J-1 holders to spend two years in their home country after their stint before obtaining another visa or green card.
The way to get around the home residency requirement is to get a J-1 visa waiver. You can qualify for this if you:
- Get a “no objection” statement from your home country’s government
- Have a U.S. federal agency request the home residency requirement to be waived
- Demonstrate that you would likely experience persecution if you returned to your home country
- Show that returning to your home country would cause extreme hardship for you, your spouse, or your dependent(s).
If you are interested in getting your green card, then you can apply at any time during or after your J-1 visa period of stay, even if you are subjected to the home residency requirement.
However, you will not be able to have your status adjusted until you either fulfill the requirement or obtain a waiver.
EB-2
One common green card option for dentists is the EB-2 green card. As the second-highest preference level in employment-based green cards, the EB-2 has relatively high requirements. Applicant must either:
- An advanced degree (U.S. master’s or foreign equivalent) in his or her field
- Possesses exceptional ability in their field.
Fortunately, there is a good chance that you have an advanced degree to practice dentistry, thereby qualifying you for the EB-2.
EB2 PERM Process
You must find an employer to sponsor you by offering you a job that requires your advanced degree (or your exceptional ability), filing a petition on your behalf, and acquiring a PERM Labor Certification for you.
The PERM is a process that the Department of Labor uses to ensure that hiring a foreign worker for a green card position will not adversely affect the wages and working conditions of U.S. workers.
To get a PERM, your prospective employer must post multiple ads in designated areas for your job and run them for at least 30 days, interviewing each qualified candidate that applies. This is to determine if any local U.S. workers would be displaced if you were to work for this employer in the U.S.
EB-2 NIW
Perhaps the best option for a U.S. work visa for dentists is the EB-2 with a National Interest Waiver (NIW). While the EB-2 requires a sponsoring employer to offer you a job and acquire a PERM on your behalf, the NIW allows you to waive those requirements and self-petition without the need of an employer.
This is perfect for dentists who wish to set up their own practice in the U.S.
To qualify for the NIW, you must prove three things:
- That your work will benefit the nation’s health, education, culture, society, job market, economy, etc.
- That you are uniquely qualified to advance your work and make it succeed. This can be proven through your degree, your experience in dentistry, your past successes, and a comprehensive business plan for the practice you plan to open in the U.S.
- That the U.S. would benefit more from waiving the PERM requirement than enforcing it.
To apply for the NIW, you would need to indicate it on your EB-2 petition along with a petition letter, an employment certification form, and letters of recommendation from peers and distinguished contemporaries in your field. NIW applicants must still meet the EB-2 qualifications as well.
EB-3 Green Card
The EB-3, like the EB-2 category, is for those who are professional and skilled workers. The EB-3 requires at least a U.S. baccalaureate degree or (foreign equivalent) and a job offer with labor certification. In most instances, an EB-2 or NIW is more ideal due to longer wait times and fewer benefits with EB-3.
Choosing the best path to residency in the U.S. requires careful planning and the assistance of a qualified immigration professional. There are several options that all come with their respective pros and cons. In the best-case scenario, if your goal is to live permanently in the United States, then you will be able to with a dual intent visa. If you’re ready to take the next steps, contact us to learn about the process in depth.
- H-1B Visa: Competitive, dual intent, allows eventual green card transition.
- TN Visa: Quick and renewable, but only for Canadians/Mexicans and not dual intent.
- J-1 Visa: Often used for training, but requires home residency or waiver.
- EB-2 / EB-3: Green card pathways requiring job offers, degree, and labor certification.
- EB-2 NIW: Self-petitioning green card option ideal for dentists setting up a U.S. practice.
How VisaNation Law Group Immigration Attorneys Can Help
If you are a dental professional who wishes to preserve his or her practice through a U.S. work visa for dentists, it’s time to take action. When it comes to immigration law, you don’t want to leave anything to chance. Whether for an H-1B or an EB-2, the best way to ensure that your petition is optimized for approval is to hire an immigration attorney.