Family-based Green Cards (Part 5): Marriage Eligibility

Please note that this “express lane” to obtaining a green card is only available for foreign nationals who marry for love (or at least, not solely for immigration purposes). If USCIS determines that the marriage is a sham, then it…

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Family-based Green Cards (Part 4): Children and Aging Out

The age of a sponsored child is very important in all priority levels, including immediate relatives. Remember that a child must be under the age of 21 to qualify as an immediate relative or as an unmarried child under the…

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Family-based Green Cards (Part 3): Application Process

Depending upon the family relationship, obtaining a family-based visa can be an even more lengthy process than that required to obtain an employment-based visa. The first step is for the sponsoring relative to file a Petition for Alien Relative, Form…

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Family-based Green Cards (Part 2): Family Relationship Definitions

The Department of Homeland Security (DHS) has clear definitions for family relationships, as follows: Children – the definition of a child also provides the basis for the definition of parent, sibling and son or daughter. A child is a person…

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Family-based Green Cards (Part 1): Which Family Members Qualify?

To be eligible for a family-based green card, an immigrant must be sponsored by a relative who is either a U.S. citizen or a lawful permanent resident. Similar to employment-based green cards, these visas are issued based upon a system…

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EB-1 Extraordinary Ability Visa (Part 2): Evidence, Documentation, and Application Process

If you are a foreign physician who is seeking EB-1 employment-based immigration under the Extraordinary Ability occupational category, you must meet 3 of the following criteria to prove extraordinary ability in your field: Evidence of receipt of lesser nationally or…

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EB-1 Extraordinary Ability Visa (Part 1): Immigration Eligibility Criteria for Occupational Categories

According to U.S. Citizenship and Immigration Services (USCIS), for a foreign physician to be eligible for employment-based immigration under the EB-1 extraordinary ability visa, they must either 1) have extraordinary ability in their field, 2) be an outstanding professor or…

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Labor Certification: Permanent Employment, Permanent Residence (Green Card)

In the case where a foreign physician wishes to be considered for a green card (permanent residence visa) via permanent employment in the U.S., their prospective employer must first obtain a labor certification approval (LCA) from the Department of Labor…

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Labor Condition Application for H-1B Professional Workers

In order for a prospective employer to hire a foreign physician under the H-1B professional worker visa program to fill a vacant position, the position must meet one of the following requirements to qualify as a specialty occupation: Bachelor’s or…

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Labor Certification: General Requirements

U.S. employers who wish to hire foreign physicians on a temporary or permanent basis must go through labor certification programs administered by the U.S. Department of Labor (DOL) in cooperation with U.S. Citizenship and Immigration Services (USCIS). Certification can be…

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