When Should J-1 Waiver Foreign Medical Professionals apply for the green card?

1. When Should J-1 Waiver Foreign Medical Professionals apply for the green card? After the application for J-1 Waiver gets approved, foreign medical graduates often have the question about when they can apply for the US green card. In most cases, the time of application entirely depends on the sponsoring employer and the medical graduate or the relative. Generally, foreign medical graduates become eligible for permanent citizenship (green card) with the help of the categories mentioned below: ●Extraordinary ability (EB-1) or National Interest Waiver (NIW) ●PERM Labour certification ●Sponsorship from family All of the above procedures for the green card need two to three applications. The first application will establish the eligibility of the foreign medical graduate for any one category of green card. An e-visa attorney can help you successfully apply to this category. For instance, ●If the foreign medical graduate applies in the EB-1 or NIW category through the e-visa attorney, then they need to submit the I-140 petition along with the supporting documents that prove the eligibility. ●If the foreign medical graduate wishes to apply in the PERM Labour Certification category, then the sponsoring employer has to file the ETA9089 application followed by the I-140 petition to become eligible for the US green card.

2. ●If the foreign medical graduate wants to apply in the Family-Sponsored category, then the permanent US resident or the US citizen who is also the relative should submit the I-130 petition. Like all other visa application categories, there is no time limit for a foreign medical graduate with a J- 1 waiver to submit their eligibility application. The second application needed for every green card category is the I-485 “Adjustment of Status” application. This form has to be filed by a foreign medical graduate and their dependent family members. This process is done to screen the petitioner for any kind of admissibility problems, such as immigration or criminal violations. When approved, the I-485 petition changes the immigration status of the foreign medical graduate to permanent resident and grants them the US green card. An expert E-visa attorney can help you fill this application, as well as with US business immigration. The J-1 waiver for a foreign medical graduate is a unique proposition due to a particular rule which obligates them to complete the employment period under the J-1 waiver before filing the I-485 petition. The rule in 8 CFR Sec. 212.7 (c)(9)(iii), states that: “The foreign medical graduate must agree to commence employment for the health care facility specified in the waiver application within 90 days of receipt of the waiver under Pub. L. 103-416. The foreign medical graduate may only fulfil the requisite three-year employment contract as an H-1B nonimmigrant. A foreign medical graduate who receives a waiver under Pub. L. 103-416 based on a request by the State Department of Public Health (or equivalent), and changes his or her nonimmigrant classification from J-1 to H-1B, may not apply for permanent residence or any other change of nonimmigrant classification unless he or she has fulfilled the three-year employment contract with the health care facility and in the specific HHS- designated shortage area named in the waiver application.” Even the government reminds the J-1 waiver foreign medical graduate about this prerequisite in the I-612 notice for waiver approval. The notice declares “You must complete your waiver in H-1B status and cannot apply for adjustment of status until you finish your three-year contract.” This restraint in timing on filing the i-485 petition applies even though the foreign medical graduate has married a US citizen. However, the rule has one exception — the NIW foreign medical graduate

3. petition. If the foreign medical graduate applies for US citizenship in the National Interest Waiver category and agrees for five years of work in a medical shortage zone, then they can fill up the I-485 petition and the I-400 application with the help of an e-visa attorney. There is no time limit to file these petitions and it can be done even if the immigration visa is still applicable. But the government authority won’t accept the I-485 petition until the foreign medical graduate has worked for five years as required. Now the question is when the should foreign medical graduates with the J-1 waiver apply for US citizenship? The answer — the foreign medical graduate, sponsoring employer, or the sponsoring family must begin the first step of the application process immediately. This is for various reasons, like getting early into the queue for a green card to reduce or avoid the waiting time or to obtain work authorisation for their H-4 spouse. Are you a J-1 foreign medical professional and need a definitive petition for permanent US residency? If you are or if you want to do a US business immigration, then you must visit US Immigration Advisor Today. Resource Box - J-1 waiver foreign medical graduates must apply for a US green card at the earliest. Visit US Immigration Advisor to know more. Summary - There are 3 categories under which J-1 waiver foreign medical graduates can apply for US citizenship. And they must initiate the process early to avoid a long waiting period for the green card. Address: Levels 7 & 8, Gblock c 62, Bandra- Kurla Complex,Mumbai, India 400051 +91 2240-907370 Contact No: Email ID: Website URL: mdavies@usimmigrationadvisor.com https://www.usimmigrationadvisor.com