Koh Law Firm

Bankruptcy | Family Law | Real Estate | Immigration | Attorney Profiles | Contact

Medical Professionals

Medical professionals face complex legal challenges on top of their potential immigration issues.  Many are regulated by state licensing laws.  Those who are part of the Allied health care professionals (AHCP) are further regulated by special laws.  Physicians who have been in J-1 status may need to obtain waivers of the two-year home residency requirement or to change their status to H1B while others may want to file for a National Interest Waiver.  Nurses and physical therapists on the other hand can file a Schedule A for permanent immigration without the need to file a labor certification.  Common petitions for medical professionals includes

H1Bs, H1Cs, O-1s, or TNs for nonimmigrant needs or a labor certification or NIW petition for permanent immigration.

Nurses

One of the many ways a foreign nurse can lawfully enter the U.S. is through a lawful permanent resident (LPR) or through a Green Card.  Certain requirements need to be met and the nurse must have a sponsor, but essentially, the LPR allows a nurse and her immediate family to enter the U.S.
Advanced nurses who have practice certifications may be eligible under the H1B Visa.

If a temporary basis is desired, the H1C Visa allows a nurse to temporarily work at pre-qualified hospitals or health care facilities that have a special need for nurses greater than the general need across the country.  But the limit of 500 nurses per year limits the availability under H1C Visa status.

Registered nurses already working in the U.S. may file for LPR status and obtain work authorization within 90 days of filing the I-140 petition.  Of course, additional requirements must be met such as state board requirements etc.