Florida Immigration Attorneys

When a NIW is not possible for a Physician

Labor Certification Process

When a National Interest Waiver (NIW) is not possible for a physician, a physician may seek residency through the regular labor certification process.

The sponsoring employer must first prove to the Department of Labor that there are no qualified U.S. doctors wiling to perform the job at the prevailing wage by advertising the opening across various channels. The employer must then submit a labor certification application and file an I-140 petition for the physical. 

Labor Certification Qualifications for Physicians

To obtain a Labor Certification as a treating physician, the medical doctor must establish that he/she:

  • Meets the advanced degree requirement for EB-2 having the equivalent of a U.S. advanced degree and the position requires an advanced degree;
  • Has the minimum requirements of the permanent physician position on the date of filing the labor certification; and
  • Proof of passing the USMLE.

A foreign medical degree may qualify as the equivalent of a U.S. MD degree and thus an advanced degree for EB2 if the applicant:

  • Has a foreign medical degree that requires the equivalent of a BA degree for admission to its medical school; or
  • Has an education credential evaluation of his degree; or
  • Has passed steps 1, 2, & 3 of the USMLE.

Licensing Requirements to Practice in State

To obtain a labor certification, the physician must have a license in the state where the labor certification is filed or must be able to obtain a license timely through the completion of a ministerial process.

If the physician does not have the license, she must demonstrate that other than eligibility requirements that are contingent on immigration status, she meets all of the requirements to be eligible to obtain a license in the area of intended employment.

United States Medical Licensing Examination (USMLE)

The physician must pass the USMLE parts 1, 2, and 3. Unless a graduate of an accredited medical school, a physician must hold an ECFMG Certification as evidence of satisfactory medical competence for practice in the U.S.

Schedule a Consultation with an Immigration Attorney

For more information about obtaining a labor certification or other employment-related visas, contact our team at Brown Immigration Law in Orlando. We have vast experience guiding clients through family and employment immigration matters, and are ready to help you. 

Request a personalized consultation today.