Navigating the EB1 Green Card for Doctors: Quickest Route to US Residency
Have you ever wondered if doctors get green cards faster? This is a common question asked by doctors on various online forums. Generally, there isn’t a specific category that guarantees a faster path to permanent residency in the US for doctors.
However, the EB2-NIW category for physicians may have faster processing because it waives the labor certification. Nonetheless, the EB2 green card category has significant backlogs for Indians, so obtaining a green card in this category for Indian doctors may take several decades.
Therefore, the quickest path to a US green card for Indian doctors may be the EB1 green card category. In this blog, we cover the EB1 Green Card for doctors, its requirements, and other green card options to help them achieve their American dream. Let’s begin.
EB1 Green Card for Doctors
The EB1 category has three divisions: EB1A, EB1B, and EB1C. Among these, EB1A and EB1B may be well-suited green cards for doctors.
EB1A
To qualify for EB1A, you must demonstrate extraordinary ability in your area of expertise. Given its broader requirements, this category may be the optimal EB1 green card option for doctors. The benefits of the EB1A are that you can file your petition independently, without needing employer sponsorship or a job offer.
Wondering how to prove your extraordinary ability in the field?
You must meet at least three of the 10 EB1A criteria set by USCIS, and your evidence must collectively showcase sustained national or international acclaim.
The 10 EB1A criteria are:
- Proving that you have received lesser nationally or internationally recognized awards.
- Showcasing elite memberships awarded based on your outstanding achievements as evaluated by experts.
- Demonstrating your performance in a critical role within a distinguished organization.
- Showcasing your scholarly articles in major publications.
- Proving that your original work is of major significance to the field.
- Showcasing major media coverage discussing your work.
- Proving that you have judged the work of others in your field.
- Demonstrating that your salary is high compared to peers in your field.
- Showcasing your commercial successes in the performing arts.
- Proving that your work has been displayed at artistic exhibitions or showcases.
EB1B
The other EB1 green card for doctors is the EB1B. The requirements to satisfy EB1B are as follows:
- You must demonstrate international recognition of your outstanding achievements in the academic field.
- You must possess three years of work experience as a researcher or in a teaching position.
- You must have a US job offer for a researcher or teaching position.
To demonstrate that your outstanding achievements have been internationally recognized, you must meet 2 out of the following 6 criteria:
- Proof that you have received major prizes or awards for outstanding achievement.
- Proof of membership in associations that require outstanding achievement.
- Proof of major press coverage discussing your work in the academic field.
- Proof of participation as a judge of the work of others in the same or similar academic field.
- Proof of original scientific or scholarly research contributions in the field.
- Proof of authorship of scholarly books or articles in the field.
Other Green Card Options for Doctors
EB-2 NIW
To be eligible for an EB-2 NIW green card for physicians, they must meet both the general EB-2 requirements and the specific NIW requirements. One of the significant advantages of the NIW is that it waives the job offer and labor certification requirements typically associated with employment-based green cards.
It is an alternative to the EB1 green card for doctors. However, if you are in India, the EB2 green card has backlogs lasting several decades for Indian applicants.
General EB-2 Requirements:
The general requirements for an EB-2 green card include having an advanced degree (master’s or higher) or a bachelor’s degree with five years of work experience.
Alternatively, you can satisfy the EB-2 requirements by proving exceptional ability in the sciences, arts, or business.
Specific National Interest Waiver Green Card Requirements for Physicians
For physicians seeking an NIW, the following additional requirements apply:
- Agree to engage in clinical practice for a period of five years (typically).
- Work in a primary care setting, such as general practice, family practice, or as a specialty physician.
- Work in one of the following:
- Medically Underserved Area (MUA)
- Veterans Affairs facility
- Health Professional Shortage Area (HPSA)
- Mental Health Professional Shortage Area (MHPSA for psychiatrists only)
- Physician Scarcity Area (PSA) (for specialists only)
- Obtain a letter from the state Department of Health (or equivalent authority) attesting that your work is in the public interest.
EB5 Green Card
To qualify for an EB5 green card or investor visa, you must meet the following key requirements:
- Invest at least $1.05 million in US commercial enterprises, or at least $800,000 in a targeted employment area.
- Show your intent to create or maintain 10 full-time job opportunities for US workers.
It’s important to note that you must first obtain a conditional green card. Once you have fulfilled the job creation requirements by filing Form I-829 within 90 days before the second-year anniversary of your conditional green card, you will receive an EB5 green card, granting you permanent residency.
EB1 Green Card for Doctors: Fastest Path to US Permanent Residency
Here are two reasons why EB1 or EB1A offers a quicker path to a US green card:
1. The final action dates for EB1 or EB1A for India advance much faster in the monthly visa bulletins compared to the EB2 or EB3 green card categories, which move very slowly.
For instance, in the January 2024 visa bulletin, the EB1 final action date for India advanced by 3.8 years. In contrast, EB2 or EB3 typically see only peak movement of 2-3 months of movement in the visa bulletins so far in 2024.
2. EB1 or EB1A has shorter green card wait times for Indians compared to the decades-long wait times in EB2 or EB3.
Conclusion
Among the EB1 categories, EB1A stands out because it doesn’t require an advanced degree, job offer, labor certification, or employer sponsorship. You can file your EB1A petition independently with USCIS.
Additionally, if some EB1A criteria are not applicable to your occupation, you can submit comparable evidence to meet that criterion, based on the USCIS Policy Manual.
Therefore, EB1A may be the ideal EB1 green card for doctors seeking faster permanent residency.
If you need EB1A assistance to build a compelling profile, feel free to check out our Smart Green Card VIP plan.
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