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Home > Physicians > National Interest Waivers

Physicians- National Interest Waivers

On October 6, 2000 the USCIS implemented regulations that permit primary
care physicians working in Health Professional Shortage Areas to apply for a
National Interest Waiver (NIW) and in so doing obtain a green card without
the need for labor certification. This is an excellent opportunity for a
primary care physician to obtain a green card without having to navigate
through the lengthy and uncertain labor certification process.

The documentation required to successfully complete the National Interest
Waiver application is as follows:

  • Evidence that the physician will work as a primary care physician in a designated shortage area or a Veterans Administration facility.
  • An attestation letter from an interested government agency supporting the request for a NIW.
  • Proof the physician is qualified to work in the State of intended employment as a primary care physician.
  • A commitment from an employer in a shortage area stating that the physician will be employed as a primary care physician for a five-year period.

Establishing the above criteria will result in approval of a national
interest waiver application. Along with the filing of a national interest
waiver the physician may also apply for adjustment of status. Once in
adjustment of status the physician will be issued an employment
authorization document (EAD) and a travel document, which will replace the
physician's H-1B visa. The physician will remain in adjustment of status,
renewing the EAD and travel documents annually, until such time as the
physician has completed 5 years of required employment in an underserved
area. Any time spent working in an underserved area after being issued a
J-1 waiver will count towards the 5-year requirement, even if this
employment occurs before the filing of the NIW. Once the required 5 years
of employment has been established to the USCIS the physician will be issued
a green card.

If you would like to learn more about the immigration options available to foreign physicians please send a request to us at:

physicians@usimmigrationlaw.net

or contact:

Leibl & Kirkwood
12865 Point Del Mar, Suite 190
Del Mar, CA 92014, USA

Tel. (858) 481-5211
Fax. (858) 481-7271

questions@usimmigrationlaw.net

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