Chiropractors, like most other professionals generally must first be issued a permanent labor certification from the Federal Department of Labor in order to obtain an employment based green card. It is a common misconception among chiropractors that investing in a clinic will ultimately result in a green card. It should be understood that unless the investment rises to the level needed to qualify as an Entrepreneur Investor it will not be a means of obtaining a green card, even though it may be enough to qualify for an E-2 Investor Visa.
In order for a chiropractor to obtain a green card based on employment the following steps must be completed:
- An employer must obtain a permanent labor certification by establishing to the Department of Labor that there are no qualified United States workers willing and able to fill the permanent position being offered to the chiropractor.
- Upon issuance of a labor certification the employer must file an immigrant visa petition with the United States Citizenship and Immigration Services (USCIS) and must prove: that the applicant possesses the minimum qualifications required to fill the position being offered; and, that the employer qualifies to sponsor a chiropractor for a green card.
- Upon approval of the immigrant visa petition the chiropractor must apply for a green card interview either at the United States Embassy in his home country or with the USCIS in the United States. If, at the interview the chiropractor is not found to be inadmissible for any reason (example: criminal history, immigration violations, etc.) a green card will be issued.
Chiropractors must understand that obtaining a green card through employment requires an employer who is willing and able to sponsor the applicant; and, most importantly, the chiropractor should not own a significant part of the business that is submitting the application.
If you would like to explore your specific green card options please send a request to us at:
Leibl and Kirkwood PC
12625 High Bluff Drive
San Diego, CA 92130
Tel. (858) 481-5211
Fax. (858) 481-7271