Most foreign dentists look to apply for a job after completing a US-based dental program that gives them an additional degree from the USA. The standard immigration process involves working under an extension of the student visa (F-1) called the OPT (Optional Practical Training) until your employer files for the work visa. To learn more after OPT and it’s specifications, read the post I have written about it here. In this post, I will be tackling the subject of the H-1B work visa for the dentist.

H-1B WORK VISA – GENERAL INFORMATION

The most common work visa is the H-1B which is primarily limited to professionals with at least a Bachelor’s degree and who are working for a specific US employer as stated in their H-1B petition. The H-1B position must be in a specialty occupation related to your field of study. The visa holder is only allowed to perform the duties that are outlined in the H1B at the location specified in the petition. A valid employer-employee relationship must exist where the employer must prove the right of the employer to hire, fire, pay, supervise or otherwise control the terms and conditions of the H-1B worker’s employment.

There is a limit on the number of H-1B visas that the U.S. government will issue every year. The cap is generally set at 65,000 visas in the regular quota of which 6,800 are reserved for citizens of Chile and Singapore as part of the Free Trade Agreement. There is an additional 20,000 more for applicants with a US Master’s degree. Applicants with a US Master’s degree are included in the regular quota draw as well as the additional 20,000 draw. So there is a higher chance of your application being picked up if you have a Master’s degree from an accredited US-based institution.  The cap period begins on April 1 of each year and the quota is usually filled within a few days. Therefore, it is essential that the employer applies for the H-1B visa as the deadline begins (April 1st).

No quota is imposed on foreign workers who are employed in nonprofit or government research organizations and educational institutions like universities/colleges (including two-year technical schools). These institutions are allowed to apply for their part-time or full-time employee H-1B any time during the year.  If the employee decides to leave this position for a private practice job which would come under the general H1B cap, they will have to file for a new H1B in the following year’s lottery quota (in April).

Once you have been approved for your primary H-1B visa, you can apply for supplemental work visas for any additional employers. There is no limit to the number of employers or the minimum number of work hours needed. Supplemental work visas are ‘cap’ exempt. If you want to change employers, an H-1B transfer is needed. The new employer must sponsor the H-1B transfer and start a fresh application submitting all the documents again. However, the dentist can begin working for the new employer as soon as the transfer or supplemental application is received by the USCIS, rather than waiting for an approval.

H-1B WORK VISA Application PROCESS & Fees

1. Filing the Labor Condition Application (LCA): Once the employer wants to hire a dentist on an H-1B, they can have the immigration lawyer file a Labor Condition Application (LCA). The LCA is filed with the US Department of Labor (DOL) who certifies the LCA within 5-7 business days. The LCA ensures that the employer will pay the H-1B visa employee the prevailing wage for the work performed and that employing a foreigner for the job opening will not adversely affect the working conditions of similarly employed US workers.
2. H-1B visa application filing: The LCA is then filed with the United States Citizenship and Immigration Services (USCIS), along with other supplemental documents to apply for the H1B. Once the application is filed on April 1, if approved, the dentist can begin working on October 1 of that same year. Once USCIS has your application on file, they will update your status on their system. Processing times for H1B application petitions are subject to vary from location to location. If you would like your petition expedited, you may elect for premium processing for an additional charge but it does not necessarily guarantee an approval. The latest news is that the USCIS will be temporarily suspending the premium processing service for all H1B petitions filed for the 2018 season.

H1B application process fees are typically all paid by the employer who is sponsoring the foreign worker. Typically the cost is in the range of $4000 to $5000. Some employers may require that you work with them for a certain period to ensure that they are able to recoup the additional expenses. From 2017,  companies that have 50 or more employees and 50% of their employees are made up of non-immigrant workers need to pay an additional fee of $4000 per applicant. This new rule is to deter large multinational companies from flooding the immigration system with multiple work visa applications.

The H-1B is approved for a period of three years, with one three-year extension permitted, unless the green card application was filed, in which case the H-1B can be extended until the permanent resident status is finalized. This is one of the benefits of the H-1B visa as opposed to other temporary nonimmigrant visas. The H-1B visa allows for dual intent which means that if the employer is willing, they can sponsor the temporary visa holder for a green card to become a permanent resident of the US.

You are allowed to invest in businesses or have passive income as a shareholder. As long as someone else runs the business and your role is limited to shareholder participation such as meetings and voting. You can buy a house or any other real estate in the US and can also invest your money in stocks, mutual funds, bonds etc.

ALTERNATIVES TO THE H1B WORK VISA

1. Dentists from Canada and Mexico have additional options for working in the US such as a TN visa. This permits certain categories of workers, including dentists to work in the US for a specific US employer. The TN can be renewed without limitation as long as the dentist is employed by the employer.
2. Dentists from Australia can enter on the E-3 visa. This visa is essentially an H-1B specifically for individuals from Australia. Importantly, the E-3 has its own numerical limitation of 10,500. The E-3 may be renewed every two years.
3. The USCIS now accepts H1B petitions filed by a US Company formed and owned by the Visa beneficiary (self-sponsorship). This kind of sub-category is also called “H-1B Visa for Entrepreneurs“. To be approved under the H1B Entrepreneurs scheme, it is necessary to prove that there is a legitimate employer-employee relationship between the Company and the beneficiary. There must be documentation of the existence of boards of directors with the legal authority to control the terms of the employment over the entrepreneurial owners/employees.

Hope this post was informative. Please leave comments or additional information you wish to share below in the comments. Also, go over to the forums and pose your inquiry to like-minded people or discuss information in relevant groups.
Disclaimer: I am by no means a lawyer or an immigration specialist. All the information I have put together in this post are reflective of my own understanding and experience. Please do not hold me liable for any misinformation although I have tried my best to make sure that any information relayed to you is true to the best of my knowledge.