A method to obtain green card used to avoid the need for PERM based labor certification.
Preliminary Note: The following discussion examines National Interest Waiver, other than that for foreign physicians. The nature of NIW for foreign physicians is different and requires a separate discussion.
Is there a direct way for me to get a green card or apply for EB-3 without my employer's support? My employer is unwilling to support me for any working visa and I am already out of the status due to this.
Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).
Does the USCIS make a distinction as to whether a specialist physician works in a Medically Underserved Area vs Health Professional Shortage Area versus Physician Scarcity Area? My job falls in MUA, HPSA but not PSA , is this a problem for a specialist?
NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
We represented a physician working for a healthcare network within several counties of a Medically Underserved Area (MUA). Initially, we submitted the required documents, but the tricky issue was the division of the physician’s service over several counties. The approval in this case required that we work closely with officials from the State Health Department to provide proper documentation and verification of the full-time nature of the job, albeit across several areas and proof of physician shortage within each area.
We represented a physician working for a veteran’s facility within a medically underserved area. The NIW was approved. Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration.
Our client recently received his green card after a long journey with USCIS. He approached us following a denial of his I-140 (NIW, physician in medically underserved area). The applicant had filed the I-140 and I-485 and then moved to a different state while the applications were pending. There had been no action on the file for 2 years. He submitted a service request with USCIS requesting a status update. USCIS issued a Request for Evidence shortly after the applicant’s move, which was sent to the original address and ultimately returned undelivered.
I had a conference call with Mr. Khanna. I from India and have done my PhD. I was interested in filing for Green card through EB1 or NIW category. However, after looking at my CV he advised me that my case is not strong enough for either of the two. He said that whether I get the green card or not the lawyer will get paid, so I should be careful in selecting a category to file my green card under. This honesty really impressed me about him. I will take more legal advise before reaching a conclusion but at least Mr. Khanna was honest enough to give me his frank opinion and not take me for a ride as I have read about other attorneys / law firms. Thank you Mr. Khanna for your time !
Hi i am from Greece i had a telephone conversation with Mr Khanna about EB1 and EB2 and NIW he was very helpful explaining to me that applications for the above are quite difficult for sb that has only a masters degree hence under his guidance i decided to do an MBA and later with his help to get H1B and apply for the green card. thanks , sotiris
I had a brief telephonic consultation and Resume review with Mr. Khanna. He seems like very through and knowledgable attorney. He provided me right information and suggestion as what should be the next step to follow and in which category my GC petition has more chances to get approved. This is all within 15 mins of consultation and that too with no charge/fee. I would strongly recommend him and his firm. - Pallav