EB-1 viable??

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Old Oct 31st 2013, 3:11 am
  #1  
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Default EB-1 viable??

hi all

I had a chat with an immigration attorney who advertises in our medical journal (bmj) about the possibility of an EB-1 he said I stand a very good chance but just wanted to get some further opinions on here if thats ok.

Background:

UK physician several years experience
Masters degree also
Several publications in International Journals
Higher UK degrees also (MRCP,MRCGP)
Medical School tutor and Lecturer

I realize its a case by case basis but he said I have a strong case for an EB-1 but just wanted to get some more ideas on here

Thanks again
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Old Oct 31st 2013, 6:30 pm
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Default Re: EB-1 viable??

You're in the ballpark. Depends on how the case is presented. By definition EB-1 is rising to the "very top of the field". However if the "field" is narrow enough you can aruge you are at the top. For exmaple, if you have several publications on a specific area of medicine.
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Old Oct 31st 2013, 6:54 pm
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Default Re: EB-1 viable??

Yes I have Royal College Membership of 2 colleges which is deemed pretty prestigious and have served on academic committees etc I read not many physicians in the UK have dual royal college membership

Publications are in high impact factor journals not the online dross that is around now

I checked EB-1 criteria on wikipedia and meet more than the '3' minimum that is required.

I had forgotten about the EB-1 route to be honest because being '33' years old I thought I was too young for it!!
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Old Oct 31st 2013, 7:02 pm
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Default Re: EB-1 viable??

There is a software engineer on BE that went the EB-1 route and he claimed it wasn't very difficult. He is now working as a free lancer.
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Old Oct 31st 2013, 11:32 pm
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Default Re: EB-1 viable??

Originally Posted by notshipman
Yes I have Royal College Membership of 2 colleges which is deemed pretty prestigious and have served on academic committees etc I read not many physicians in the UK have dual royal college membership

Publications are in high impact factor journals not the online dross that is around now

I checked EB-1 criteria on wikipedia and meet more than the '3' minimum that is required.

I had forgotten about the EB-1 route to be honest because being '33' years old I thought I was too young for it!!
Just remember that according to the Kazarian decision, it is no longer a simple matter of meeting enough criteria, you have to pass a "final merits determination" that ultimately decides if you have "risen to the very top of the field".
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Old Nov 1st 2013, 2:40 am
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Default Re: EB-1 viable??

naturally there will always be a level of subjectivity in the process. the kazarian decision actually tried to clarify that further from what I could gather from it e.g just because the EB-1 is for extraordinary ability does not mean your publications etc have to be extraordinary!

I doubt the software engineer quoted above is as famous as Bill Gates but can demonstrate a high level of competence in his field.
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Old Nov 1st 2013, 10:52 pm
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Default Re: EB-1 viable??

I wouldn't read all that much into Kazarian. That case was marginal and best. Rueben tells me that the client strongly insisted on suing.

It bears to remember that the standard of COURT cases is whether or not the Dark Forces were with their discretion in denying the cases.
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Old Nov 1st 2013, 11:37 pm
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Default Re: EB-1 viable??

You have no case for an eb1 WITHOUT A SPONSOR

Instead of discussion of green cards your first order of business should be finding a hospital or medical practice prepared to sponsor you before looking at what type of visa may or may not be available. You might have great difficulty finding a sponsor because any none american doctors that are hired in the U.S by hospitals or private practices are probably hired straight out of U.S medical schools upon graduation through the connections they make during their years of study and training. A route not open to you. Either that or they are head hunted from top medical and research positions overseas. Again a route not really open to you. No offence but your a ten a penny gp your unlikely to be head hunted.

You have to approach hospitals and private practices in the part of the U.S were you want to live and see if they want to hire you. Then you can talk about eb's and h1b's and all the rest.

Last edited by customsquestion; Nov 1st 2013 at 11:47 pm.
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Old Nov 2nd 2013, 12:26 am
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As I remember, he doesn't want to practise as a doctor here.
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Old Nov 2nd 2013, 12:52 am
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Default Re: EB-1 viable??

Originally Posted by customsquestion
You have no case for an eb1 WITHOUT A SPONSOR
Have you actually looked up the requirements for an EB-1A? Once you do, you might want to alter your comment.

Ian
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Old Nov 2nd 2013, 1:51 am
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Default Re: EB-1 viable??

Originally Posted by customsquestion
You have no case for an eb1 WITHOUT A SPONSOR
That is incorrect. EB1A and EB2-NIW can be self-petitioned.

Also, there is a physician shortage in the US. If you are willing to work as a GP (called PCP here) in a rural or inner-city underserved area, you are very likely to find work, and for pretty good money. The difficulty is in getting a license to practice medicine, but one or two years in a residency program does the trick for most States.

Last edited by jxv73; Nov 2nd 2013 at 1:56 am.
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Old Nov 2nd 2013, 1:53 am
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Default Re: EB-1 viable??

Originally Posted by S Folinsky
I wouldn't read all that much into Kazarian. That case was marginal and best. Rueben tells me that the client strongly insisted on suing.

It bears to remember that the standard of COURT cases is whether or not the Dark Forces were with their discretion in denying the cases.
Interesting that you would say that. Looking at recent AAO decisions it seems that USCIS now takes Kazarian as gospel. Do you mean it was a "everything changes to stay the same" situation?
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Old Nov 2nd 2013, 3:07 am
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Default Re: EB-1 viable??

there is a huge primary care doc shortage 'customs' and around 5000 visa needing docs are recruited every year to get your facts straight but that is changing the subject from the original thrust of the thread

thanks ian and jxv73 yeah I heard the EB-1A doesnt need a sponsor but am under no illusion of potentially how difficult it is to get one. However if you dont try you dont get. Am sure those that did get it had several people saying they were wasting their time trying.

@jxv73 3 US states will give a licence based on UK training alone. Once you get that you can work in a federal institution in any state e.g the VA. Again I not sure if something I want to do.
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Old Nov 2nd 2013, 9:36 am
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Default Re: EB-1 viable??

Originally Posted by jxv73
That is incorrect. EB1A and EB2-NIW can be self-petitioned.

Also, there is a physician shortage in the US. If you are willing to work as a GP (called PCP here) in a rural or inner-city underserved area, you are very likely to find work, and for pretty good money. The difficulty is in getting a license to practice medicine, but one or two years in a residency program does the trick for most States.
Ok I stand corrected.
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Old Nov 2nd 2013, 9:50 am
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Default Re: EB-1 viable??

Originally Posted by notshipman
there is a huge primary care doc shortage 'customs' and around 5000 visa needing docs are recruited every year to get your facts straight but that is changing the subject from the original thrust of the thread

thanks ian and jxv73 yeah I heard the EB-1A doesnt need a sponsor but am under no illusion of potentially how difficult it is to get one. However if you dont try you dont get. Am sure those that did get it had several people saying they were wasting their time trying.

@jxv73 3 US states will give a licence based on UK training alone. Once you get that you can work in a federal institution in any state e.g the VA. Again I not sure if something I want to do.
Are all 5k each year hired directly from overseas? or is a percentage of those 5k hired after graduating from U.S medical schools and completing all the doctor training the internships and the residency and all that stuff?

You have admitted that the eb1 is probably an uphill battle. So your next move must surely be to put yourself in contact with hospital managers/practice managers by applying for open positions at hospitals or practices in a part of the country you want to live in maybe you get an interview and a job offer. Are their any international recruitment agencies that could help you? Any medical recruitment agencies that could help? You have to go to them and get yourself on their books. You shouldn't be banking on what you have had published over here to get you attention in the U.S because it is unlikely anyone has read it over there.

Last edited by customsquestion; Nov 2nd 2013 at 10:02 am.
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