Florida Immigration Attorneys

When a NIW is not possible for a Physician

When an NIW is not possible for a physician, a physician may seek residency through the regular labor certification process. To obtain an LC as a treating physician, the medical doctor must establish that 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.

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.

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.