Physicians Sample Cases

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

Category: National Interest Waiver, Physicians
Status:

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. USCIS issued the denial based on the applicant’s employment in a new medically underserved area not identified in the initial petition. Applicant had submitted Form AR11 with USCIS noting his move to another state.

We submitted an MTR/Appeal explaining the law and noting that the applicant had moved following his completion of his J-1 waiver 3-year requirement and had a valid Employment Authorization Document to work for the new employer.  We also submitted an Amended I-140 Petition, which reflected employment with the new employer. We provided verification of his completion of 3 years of medical service (J1 period) and documentation to show current full-time employmet  We provided verification of his completion of 3 years of medical service (J1 period) plus documentation to show current full-time employment with several rural clinics as well as a private practice. The MTR was granted and the Amended I-140 was approved following a Request for Evidence.  USCIS asked for further verification of the health professional shortage area of the various clinics as they were located in several different counties. Due to the unique employment arrangement of the applicant as a contractor for the clinics, USCIS required additional employment verification. Ultimately the I-140 was approved. Following that, his green card (I-485) was also approved.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: National Interest Waiver, Physicians
Status:

We have recently won a case for a physician working in several rural clinics as well as his private practice within a medically underserved area. We were retained following a denial of the I-140 petition for NIW. We filed an appeal as well as an amended (new) I-140 application to show that the physician had met the 5-year service requirements for an NIW. The applicant had moved from one medically underserved area to another while the original I-140 was pending. The issue was whether an “amendment” could have been filed in this case to notify USCIS of the move without an approved I-140. USCIS issued a request for evidence, but acknowledged the applicant’s prior medical service and credited him the time towards his 5-year requirement. Upon receipt of the request for evidence we responded with additional documentation to show the relationship between the physician (medical service provider) and the rural clinics (contractor). We supplied attestation letters from each of the contractors as well as an affidavit from the applicant indicating a commitment to complete his 5-years of medical service in the underserved area. In order to show “full-time” employment, we provided documentation that described the combined service at each rural clinic as well as time spent with patients at his private practice, which more than met the 40-hour requirement. We also offered a letter from the previous employer to document prior medical service.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: H-1 Visa, Physicians
Status:

We were recently retained by an employer who had received very poor legal advice and representation from two different lawyers because of which their employee and her children fell out of H-1 status AND were unlawfully present in USA since 2004.  It appeared almost impossible that we will be able to get her back into status after a gap of over FIVE years, but it did work out.  Today, we have received H-1 approval as well as the coveted I-94 for all family members.  Comments from the client are here: http://www.immigration.com/guestbook/h-1-visa/guestbook-entry-bruce-a-tr...

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB1 Green Card, Outstanding Researcher, Professor, Physicians
Status:

We won an EB1 Outstanding Researcher/Professor case for an applicant holding an M.B.B.S.   This applicant had over eight years of teaching and research experience in addition to his experience practicing as an Internal Medicine physician.  He was world-renowned for his exceptional contributions to his field of medicine.  We offered 17 exceptional recommendation letters from experts around the world who acknowledged the high level of achievement of this individual.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: EB2 Green Card, National Interest Waiver, Physicians
Status:

We won a case for National Interest Waiver for a Physician working in a medically underserved area.  We provided a five year contract, copy of his J-1 Waiver approval, numerous experience letters, a letter from the Department of State and documentation to reflect statistics of health professional shortage in the area.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.