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Those in the medical profession have more complex issues than many other professionals seeking employment-based immigration benefits under U.S. immigration law. Even if there are no special laws governing a particular medical group, many states require licenses for employment, and often these must be obtained before one may file for immigration benefits. Allied health care professionals (AHCPs) are governed by special laws and regulations. Of this group of seven occupations, nurses and physical therapists enjoy the benefit of Schedule A filing for permanent immigration benefits, which means that they do not need to obtain a labor certification before filing the immigrant petition.

Many physicians also face special immigration issues. Many medical doctors have been in J-1 status and must obtain waivers of the two-year home residency requirement before being eligible to obtain permanent immigrant benefits or change their status to H1B. Others may choose to file for a National Interest Waiver (NIW) for physicians. Doctors in either filing scenario must be aware of their service requirements that control when they can file to adjust status and when that application can be adjudicated by the U.S. Citizenship and Immigration Services (CIS).

What We Can Do For You : We can advise medical professionals on the strategies and options, analyze your background and what makes the most sense for you, which documents you need to file, and when you are permitted to file for nonimmigrant and immigrant benefits. Once you are ready to file, we can assist you in filing for H1Bs, H1Cs, O-1s, or TNs for nonimmigrant needs or a labor certification or NIW petition for permanent immigration among the more common options.



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Posted Dec 04, 2003