Physicians: EB Immigration

Former INS Attorney Carl Shusterman (1976-82) explains how physicians can obtain permanent residence through their employment. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Most physicians who obtain permanent residence in the US through their jobs do so ever through (1) the PERM process or by (2) obtaining a National Interest Waiver (NIW).

The physician's employer can advertise the job, and then submit a PERM application to the US Department of Labor showing that no qualified US physicians applied for the job.  There is no requirement that the physician remain working for the sponsoring employer for any specific period of time.  However, since most International Medical Graduates (IMG) pursue their medical residencies and fellowship in J-1 exchange visitor status, they are subject to a 2-year home residency requirement.  In order to qualify for a "J waiver", the physician must enter into a 3-year contract with an employer in a medically-underserved area or with the Veterans Administration (VA).

Alternatively, if the physician if willing to work for the VA or in a medically-underserved area for a minimum of 5 years, he/she is eligible to immigrate through a National Interview Waiver (NIW).  Please see http://shusterman.com/nationalinterestwaiversphysicians.html

Over the past 30+ years, we have obtained green cards for thousands of physicians using both PERM applications and NIWs.  Our law firm won a landmark case in Federal Court, Schneider v. Chertoff,  which forced the USCIS to remove restrictions on the ability of physicians to qualify for NIWs.  See http://shusterman.com/pdf/physicians-nationalinterestwaivers2007.pdf

See some of our physicians success stories at http://shusterman.com/physiciansusimmigration.html#2