Moonlighting for Physicians With Approved PERM Labor Certification

Doctors with approved EB-2 PERM labor certification applications may file I-140 green card petitions. Assuming that the visa numbers are available through the visa bulletin and the physician has completed his or her J-1 visa service obligation, an I-485 adjustment of status petition may be filed along with a request for a work authorization and a travel document, if needed. Upon approval of the work authorization, the physician may accept employment for moonlighting opportunities without applying for a separate visa. However, such physicians must be careful to maintain the terms and conditions of their pending I-140/I-485 petitions to prevent the moonlighting job from interfering with the validity of their underlying green card petition.

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