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National Interest
Waiver (NIW) for Physicians
On September 6, 2000, the USCIS
(formerly INS) issued a final
rule on the National Interest Waiver (NIW) for Physicians
to relieve petitioners in pursuit of permanent residence in
the United States from the labor certification process. Petitioners
requesting such national interest waivers on behalf of a qualified
physician, or physicians self-petitioning for second preference
classification based on medical service in a HHS-designated
underserved area or Department of Veterans Affairs (VA) facility,
must still meet all eligibility requirements for this immigrant
classification to be eligible for the national interest waiver.
Petition Document
Requirements
The petitioner must submit the
following evidence along with Form I-140 to support the request
for a national interest waiver. For physicians planning to divide
the practice of full-time clinical medicine between more than
one underserved area, the following evidence must be submitted
for each area of intended practice:
- If the physician will be an employee, a full-time
employment contract issued and dated within 6 months prior
to the date the petition is filed for the required period
of clinical medical practice, or an employment commitment
letter from a VA facility;
- If the physician will establish his/her own
practice, the physician's sworn statement committing to full-time
practice of clinical medicine for the required period describing
the steps the physician has taken or intends to take to establish
the practice;
- evidence that the physician will provide
full-time clinical medical service: (1) in a geographical
area(s) designated by HHS as having a shortage of health care
professionals and in a medical specialty that is within the
scope of the HHS designation for the geographical area(s);
or (2) in a VA facility;
- a letter issued and dated within 6 months
prior to the date on which the petition is filed from a Federal
agency or the department of public health or equivalent of
a US state (including territories of the US and the District
of Columbia) attesting that the physician's work is or will
be in the public interest:
- any attestation from a federal agency
must reflect that agency's knowledge of the physician's
qualifications and the agency's background in making determinations
on matters involving medical affairs to substantiate the
finding that the physician's work is or will be in the
public interest;
- an attestation from the public health
department of a US State, US territory, or the District
of Columbia must reflect that the agency has jurisdiction
over the place where the physician intends to practice
clinical medicine. If the physician intends to practice
clinical medicine in more than one underserved area, attestations
from each intended area of practice must be included.
Attestations from public health departments of US States,
territories or the District of Columbia that do not have
jurisdiction over the place in which the physician intends
to practice are not acceptable.
- evidence that the physician meets the admissibility
requirements established by section 212(a)(5)(B)
of the Immigration and Nationality Act;
- if applicable, evidence of the USCIS-issued
waivers of the requirements of sections 212(e)
(two year home residency requirement) of the Act if the physician
has been a J-1 nonimmigrant receiving medical training in
the US.
Time Limit for Required Service
- If the physician already has authorization
to accept employment (other than as a J-1 exchange visitor),
the beneficiary physician must complete an aggregate 5 years
of qualifying full-time clinical practice during the 6 year
period beginning on the date of approval of the Form I-140;
however, if the applicant has obtained a J-1 waiver, USCIS
will calculate the 5 year period of service required for the
national interest waiver beginning on the date the applicant
changed from J-1 to H1B status.
- If the physician must obtain authorization
to accept employment before the physician may lawfully begin
working, the physician must complete the aggregate 5 years
of qualifying full-time clinical practice during the 6 year
period beginning on the date the Service issues the necessary
employment authorization document.
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