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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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