INFORMATION ABOUT IMMIGRANT VISAS

Immigrant Visa / Green Card

A. Standard Procedure

1. Labor Certification Application
   
2. Immigrant Visa Petition
   
3. Adjustment of status/consular processing
   

1. Employer must prove that by hiring foreign national physician, employer is not taking job away from a qualified and interested U.S. physician
   
2. Employer generally required to complete a recruitment campaign to test the job market
   
3. Processing times vary depending on state and application procedure. Can take anywhere from nine months to four years
   

1. Applicable visa category includes
   
   • "Advanced degree professional" This category requires labor certification
     
   • "Outstanding researcher or professor" or "alien with extraordinary ability". This category does not require labor certification.
     

1. Requires that a visa is immediately available. For J-1 physicians, a waiver must be secured and the physician must have fulfilled his/her requisite commitment in H-1B status (per the terms of the waiver) before eligible to file documents at this step in the process
   
2. Adjustment of Status
   
   • Foreign national already present in the U.S. Applicable documents submitted to the appropriate Immigration Service Center
     
   • Process completed while foreign national/family members at all times remain in the U.S
     
3. Consular Processing
   
   • Unlike adjustment of status, process completed through a filing with the National Visa Center and, then, interview/final processing at the applicable United States Consulate or Embassy in home country
     
   • Assuming "qualifying relationship" in place prior to principal applicant/employee securing permanent residence status, spouse and minor children simultaneously obtain permanent residence status (Green Cards).