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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E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital…

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O-1 Extraordinary Ability Visa

The O-1 Extraordinary Ability Visa is a special class of visa established by U.S. immigration law for persons who have an extraordinary ability in the sciences, arts, education, business or athletics. Accomplished foreign physicians can use this visa program to…

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J-1 Physicians Part 6: Losing The IGA Waiver, And Alternatives To Waivers

Losing the IGA Waiver If you are a foreign physician and you do not comply with the requirements of an IGA waiver, you will become subject to the two-year foreign residency requirement. To avoid this, you must prove to the…

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