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Foreign Physicians: Obtaining Permanent Residence In The United States

Posted by Ann Badmus | Jul 30, 2012 | 0 Comments

In recent articles we mentioned three visa programs: F-1, J-1, and H-1B. Each of these programs is for temporary residence in the United States, and only grants the foreign national the right to reside in the U.S. temporarily for a specified period of time (e.g., up to six years) or for a specified purpose (e.g., to attend medical school). To obtain permanent residence status, a foreign national must establish a basis for this status.  There are numerous bases for permanent residency, including amnesty, asylum, employment and relatives currently residing in the U.S.  There is even a green card lottery.  However, in this article and in articles that will follow, we will briefly discuss the employment options most often utilized by foreign-born physicians.

The most common basis for employment-based permanent residence is the labor certification.  On this basis, a U.S. employer may sponsor a foreign national for permanent residence; provided that: (1) there are no U.S. workers to fill the position, and (2) the foreign national fits into one of the permitted classes of workers.  For this purpose, physicians qualify as advanced degree professionals.

Another basis for employment-based permanent residency is the national interest waiver.  To qualify, the person must be either (1) an advanced degree professional (i.e., U.S. equivalent master's degree or higher), or (2) an individual with an “exceptional ability.”  A person has exceptional ability if they possess a degree of expertise significantly higher than the ordinary.  Furthermore, the foreign national must demonstrate that their prospective employment would advance a stated national interest of the U.S., such as improved healthcare, education or technological competitiveness.

The standards for demonstrating national interest are quite high.  For instance, foreign physicians must demonstrate that their work in the U.S. would serve the national benefit to a greater degree than would the average U.S. physician.  This is only usually the case with researchers and specialists.  However, Congress has created a special national interest waiver program for foreign physicians. To qualify, a foreign physician must agree to practice medicine in an underserved area for a period of five years.

In addition to the national interest waiver for advance degree or exceptional aliens, foreign physicians with extraordinary ability are also eligible for permanent resident status.  Like the national interest waiver, an employer sponsor is not required. However, much like O-1 visa recipients, an eligible physician must be extremely accomplished.  As a result, this option is not feasible for most physicians.

Finally, foreign physicians interested in research or teaching positions may be eligible for permanent residence as outstanding professors or researchers.

In the upcoming four articles we will discuss the permanent residence visa (i.e., Green Card), retrogression (quota backlogs), priority dates, the employment-based preference categories for obtaining a green card visa, and FAQ's about green card quota backlogs.

About the Author

Ann Badmus

Principal and Managing Attorney


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