Allied Healthcare Workers
Allied Healthcare Workers are eligible for H-1B status if the position requires at least a Bachelor’s degree or the equivalent. H-1B status provides temporary employment authorization in the United States for individuals from any country for any specialty occupation. A Specialty occupation is one which normally requires at least a Bachelor’s degree or the equivalent. Examples of Allied Healthcare Workers generally eligible for H-1B status include Medical Laboratory Technologists, Dietitians and Pharmacists. Examples of Allied Healthcare Workers typically not eligible for H-1B status include: Radiology Technicians and Patient Care Assistants.
Allied Healthcare Workers with offers of employment as a Dentist, Dietitian, Medical Laboratory Technologist, Nutritionist, Pharmacist, Psychologist, Recreational Therapist or Veterinarian who are Canadian Citizens are eligible for TN status. [Note: Residency status in Canada is not sufficient for TN eligibility.] TN status is available to Canadian citizens with an offer of employment in the United States in one of forty-three (43) listed occupations.
GREEN CARD OPTIONS:
Other than Registered Nurses and Physical Therapists, no Allied Healthcare Worker positions been designated as a Schedule A occupation, and therefore they are not exempt from the labor certification process (“PERM”). Thus, the green card process for Allied Healthcare Workers will require PERM labor certification process followed by either Adjustment of Status or a Consular Interview.
The EB-2 category is the immigrant visa classification for positions requiring at least an advanced degree (Master’s degree or higher) or a Bachelor’s degree and five years of progressively responsible experience. Examples of Allied Healthcare Worker positions that may be eligible for EB-2 classification include Veterinarians and Pharmacists. The classification is relevant to when an immigrant visa is available. Generally speaking there is no backlog for EB-2 visas for most countries (excluding India and China) and thus an immigrant visa can be obtained “immediately” as soon as the normal case processing is completed. In contrast, obtaining an immigrant visa for an individual filing in the EB-3 classification is currently a lengthy process which takes between four to seven years.
Please visit the MU Immigration Law Blog for the latest news on Allied Healthcare Workers.