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Medical Residency on H1B and want to apply for a green card

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by drrhn, Mar 31, 2012.

  1. drrhn

    drrhn Registered Users (C)

    I am doing a medical residency in an internal medicine training program on H1B visa. It is my 1st year now. Can I apply for a green card after three years ?
    Can I apply now ? No way to apply for a green card at all in my case and nature of work ?

    Thanks
  2. BigJoe5

    BigJoe5 Registered Users (C)

    Green Card Through a Physician National Interest Waiver (NIW): http://www.uscis.gov/portal/site/us...nnel=a695a6c515083210VgnVCM100000082ca60aRCRD

    Here is just an excerpt:

    The second-preference employment category (EB-2) allows individuals of exceptional ability and individuals who are members of the professions holding advanced degrees to get a green card (permanent residence).

    For EB-2s a job offer and a labor certification is generally required. This requirement can be waived if the petitioner demonstrates that granting the EB-2 petition would be in the national interest of the United States.

    One reason USCIS may grant the national interest waiver is because a physician agrees to work for a period of time in a designated underserved area.
    Eligibility Criteria

    You must agree to work full-time in a clinical practice. For most physician NIW cases, the required period of service is 5 years
    You must work in a primary care (such as a general practitioner, family practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician
    You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)
    You must obtain a statement from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest (This statement is known as an attestation)
  3. drrhn

    drrhn Registered Users (C)

    So as I understood from you. My work in a training program for 5 years or more in a specialty as a physician is not eligible for a green card ?
  4. BigJoe5

    BigJoe5 Registered Users (C)

    INA 203(b)(2)(B)(ii)(II) only excludes work while in J non-immigrant status.....

    "....worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J)),...."

    However,..... it later says:

    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) , or the filing of an application for adjustment of status under section 245, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).

    See also 8 CFR 204.12 http://ecfr.gpoaccess.gov/cgi/t/tex...div8&view=text&node=8:1.0.1.2.8.1.1.12&idno=8

    Do your homework.
  5. alpinewhite2000

    alpinewhite2000 Registered Users (C)

    Man some of these posts are useless. How about providing some HELPFUL information for people who are not familiar with the immigration processes?

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