Current Health Care Immigration Options For The United States

by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.

As the current health care workforce shortage in the United States continues to grow and many healthcare workers are exploring their immigration options to the United States. There are several ways to obtain lawful permanent residence status in the United States, including the most common way for healthcare workers – through employment-based visas. This article will provide an overview of each potential visa option. So if you are a healthcare worker interested in coming to the United States, keep reading.

IMMIGRANT VISAS

PERM Labor Certification:

The PERM labor certification process is the first step in obtaining an immigrant visa for a worker from another country. The process is designed to ensure that the foreign worker displaces no qualified U.S. worker.

To obtain a PERM labor certification, your employer must demonstrate that they have made a good-faith effort to recruit U.S. workers and that there are no qualified U.S. workers available for the position you are seeking to fill on a full time and permanent basis.

The PERM labor certification process can be complex and time-consuming, but it is well worth the effort if you are seeking to immigrate to the United States permanently with your family.

Physician National Interest Waiver (PNIW):

The PNIW is a visa waiver program that allows physicians to work in medically underserved areas in the United States. This program is a great opportunity for physicians interested in working in the United States, and it can be a helpful tool for recruiting foreign medical professionals.

To be eligible for the PNIW, physicians must meet certain requirements, including demonstrating interest in working in an underserved area, passing the United States Medical Licensing Examination (USMLE), agreeing to work full-time in a medical practice for five years, and meeting other eligibility criteria.

NONIMMIGRANT VISAS

H-1B visas:

To be considered for an H-1B visa as a physician, you must have ECFMG certification. This is a United States Citizenship and Immigration Services (USCIS) requirement. The ECFMG certification shows that you can practice medicine in the United States. If you are not yet certified, you can take steps now to make sure you meet all the requirements.

The H-1B visa is a popular choice for physicians who want to work in the United States. It allows you to stay in the country for up to six years and it can be extended beyond 6 years for individuals from certain backlog countries under certain circumstances.

O-1 visas:

To attract the world's top scientific talent, the United States offers something called an O-1 visa. This visa is given to scientists who have achieved international acclaim in their field. To get one of these visas, you need to prove that you are among the best in your field. The process can be complex and frustrating, but it's worth it if you want to work in the United States.

J-1 visas:

The J-1 visa is a popular choice for international medical graduates who want to work in the United States. This visa has many benefits, including being less costly for a healthcare institution. However, there are some restrictions that you should be aware of before you apply for a J-1 visa. For example, you cannot have “dual intent”, meaning you cannot plan to stay in the United States permanently.

Additionally, you need to be aware that the J-1 visa for foreign medical graduate (FMG) is often accompanied by a 2 year foreign residency requirement under section 212 (e) of the Immigration and Nationality Act. If you meet all of the requirements and are accepted into a J-1 visa program, then you will be able to begin your career as an alien physician in America.

If you have any questions about how these laws in the United States may impact you or your family or want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com, or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com


About The Author

David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.


Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York.


Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.


Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.



The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.