Physician Green Cards/Permanent Residency

US employers may sponsor workers to remain and work in the US permanently as permanent residents. For most occupations and positions, an employer must first request PERM labor certification from the US Department of Labor to demonstrate that it recruited but could not locate a suitable US worker for the position.

Shortage Occupations
Certain occupations that are pre-determined to be experiencing a shortage of US workers do not require labor certifications. Such include positions in the health care field such as nursing, physical therapists, physicians who work in underserved areas and certain professionals of exceptional ability.

Visa Bulletin
The visa bulletin reflects the priority dates for each preference. One’s priority date must be at or earlier than that listed for the preference before he can apply for adjustment of status. Note that “C” means that a visa number is currently available.

Employment-Based Preferences
Most physicians utilize the EB-1 and EB-2 classifications. Some physician may be required to file EB-3 petitions where their medical degrees are not viewed as equivalent to a U.S. degree in medicine. EB-1 applicants are not required to obtain a labor certification or job offer in order to submit green card or adjustment of status petitions. Qualifying aliens may submit a green card petition directly with the USCIS without an offer of employment or an approved labor certification. EB-2 (except NIW) and EB-3 applicants are required to obtain PERM labor certification.

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