Physicians:
O-1 Visas
The O-1 Visa
may be a viable option for certain foreign physicians who have not
yet complied with the two-year foreign residence requirement or
obtained a waiver of that requirement, yet who has an extensive
publication record and who, according to their peers, has made outstanding
contributions to his field of medicine.
Although preparation
of an O-1 Visa petition requires considerably more supporting documentation
than an H-1B Visa petition, the availability of O-1 Visa status
to those without a J-1 waiver makes the O-1 Visa an attractive option
for some foreign physicians. A significant amount of time will be
needed to assemble the supporting documentation, especially letters
of support from experts in the physician's field; however, because
the USCIS generally takes two-three weeks to adjudicate an O-1 Visa
petition, the applicant will usually be able to begin employment
quicker than through an H-1B Visa application.
Three criteria
must be established in order to qualify for an O-1 Visa. These criteria
are:
- The foreign
physician must be extraordinary - that is superior to others in
terms of knowledge, ability, expertise and accomplishments.
- The position
to be filled by the foreign physician must require the services
of an extraordinary person.
- The ability
of the foreign physician must be corroborated by an opinion letter
from a source in the physician's field. This is what is known
as a Consultation Letter.
If the above
criteria can be established a foreign physician will be issued an
O-1 Visa. It is important to note that the extraordinary ability
test for the O-1 Visa is almost identical to that used for the Employment
Based Green Card category of aliens of extraordinary ability. As
such, if one qualifies for an O-1 Visa it is quite possible for
the applicant to qualify for a green card in the extraordinary ability
category and in so doing avoid the labor certification process.
If you would
like to learn more about the immigration options available to foreign
physicians please send a request to us at:
physicians@usimmigrationlaw.net
or contact:
Leibl &
Kirkwood
12865
Point Del Mar, Suite 190
Del
Mar, CA 92014, USA
Tel. (858)
481-5211
Fax. (858) 481-7271
questions@usimmigrationlaw.net
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