After receiving the approval of the application for the refusal of J-1 (“the refusal of J-1”), foreign mayors often wonder when to apply for a green card. In most cases, the time of application is entirely dependent on the physician and the sponsor (or relative).
As a rule, doctors receive a permanent place of residence (green card) in one of the following categories:
- National Interest Waiver (NIW) or exceptional ability (EB-1)
- Labor certification PERM
- Family sponsorship
All these green card procedures require two or three applications. The first application establishes the right of the doctor to a certain category of green cards.
For example, a doctor applying through NIW or EB-1 submits an I-140 application and supporting documents to confirm eligibility. For PERM certification for employment, a sponsoring employer applies for ETA9089 and I-140 petition to qualify a doctor for a green card. And for a family sponsored by a green card, a US citizen or a permanent resident relative must file an I-130 petition.
For everyone, including the physician with a J-1 waiver, submitted at any time ,
The second application required for all categories of green cards is an adjustment to the I-485 status application, which is filed by the doctor and each of his family dependents. This process deals with eligibility issues, such as criminal or immigration violations. Approval of the application I-485 regulates the immigration status of a doctor for permanent residence and provides a green card.
The refusal doctor J-1 is in a unique position due to a specific rule that requires the completion of work on the dismissal of J-1 before applying for I-485. Found in section 8 CFR. 212.7 (c) (9) (iii), this rule reads as follows:
The foreign medical graduate must agree to work for the health care institution specified in the application for refusal within 90 days after receiving the refusal of the Pub. L. 103-416. A foreign medical graduate can only perform a required three-year labor contract as a non-immigrant H-1B. Foreign medical graduate who receives a refusal from the Pub. L. 103-416 based on a request from the State Department of Public Health (or its equivalent) and changes its non-immigration classification from J-1 to H-1B, cannot claim permanent residency or any other change in non-immigration classification if he or she has not fulfilled a three-year employment contract with a medical institution and in a specific area of HHS shortage indicated in the application for refusal ,
The government even reminds the rejecting doctors of J-1 of this requirement in the notification notice of the refusal of I-612, stating that “you must complete your waiver in H-1B status and cannot apply for status adjustment until you complete your Contract".
This temporary restraint when applying for I-485 applies even if the doctor is married to a US citizen. However, there is one exception to this rule - the application of the doctor NIW. If a doctor applies for a green card through a waiver of national interests and a five-year agreement to work in the area of lack of medical services, he can apply for I-485 with I-140 at any time (provided that immigrant visa available). However, the government will not approve the I-485 application until the doctors work for five years.
So, when should the J-1 doctors for the green card be rejected? The doctor and the employer or family sponsor can and should start the first stage of the process as early as possible for several reasons, such as obtaining a work permit for H-4 spouses or entering a queue of green cards to avoid or shorten the waiting time.
