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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H-1B Facts for Foreign Physicians Part 5: Change of Employment and “Moonlighting”

As H-1B physicians are sponsored by their employers, their immigration status is tied to their employment.  That is, they can only work for the employer who sponsors the H-1B.  Nevertheless, a physician may change jobs provided that the new employer…

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H-1B Facts for Foreign Physicians Part 4: Admission Period and Extensions

In general, a physician can hold H-1B status for a maximum of six consecutive years. Initially, the H-1B petition may request a maximum of three years for any particular job.  After that, an extension request must be filed that can…

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H-1B Facts for Foreign Physicians Part 3: Additional Documents Required With a Petition

The following are additional documents that must be included with an H-1B petition: Labor Condition Application (LCA) A certified Department of Labor (DOL) LCA (Form ETA 9035) must be submitted at the time anH-1B petition is filed. A copy of…

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H-1B Facts for Foreign Physicians Part 2: Properly Filing an H-1B Petition

As noted in our previous article, USCIS continues to accept H-1B petitions that are not subject to annual numerical limitations, (e.g. H-1B amended petitions, H-1B extensions for individuals who have already been counted against the cap within the last six…

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H-1B Facts for Foreign Physicians Part 1: Numerical Limitations and “Cap Exemptions”

In 1990, Congress first imposed a 65,000 numerical limitation (“cap”) on the number of new H-1B professional worker visas issued on annual basis. Between 1990 and 2003 the annual cap was revised. It was raised to 115,000 for two years…

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