NIW; NIW Requirements; Legal Fees of NIW; Processing of NIW; NIW FAQs
Physicians In Search Of National Interest Waiver (NIW)
Because of legislation passed in 1999, it is now easier for selected non-resident physicians in search of permanent residency in the second employment-based preference to be eligible for the National Interest Waiver (NIW). The Legislation states that the National Interest Waiver (NIW) will be awarded by the USCIS if:
The physician agrees to practice full time in a Veterans Administration (VA) hospital, or in a health professional shortage area defined by the Department of Health and Human Services (HHS) field, and
The physician’s work is deemed to be in the public interest by a state-operated department of public health or a federal agency.
Five-Year Accumulated Service: The physician must work full time in a VA hospital or shortage area for an accumulated five years in order to be eligible for an adjustment of status or an immigrant visa. Intervals of time deemed to be in J-1 status cannot be calculated in the five-year period.
According to the USCIS guidelines, the physician has to agree to work full-time in a Mental Health Professional Shortage Area (HPSAs) or in a HHS-designated Primary Medical Health Professional Shortage Area (HPSA). The physician must also work at a Veterans Affairs health facility. USCIS 1999 rules also state that physician must practice in one of the following areas to be eligible for the waiver: psychiatry pediatrics, family/general medicine, general internal medicine, and obstetrics/gynecology.
Please contact our firm if you have further questions concerning National Interest Waiver (NIW). If you would like to engage the Aria Law Group to assist you with the National Interest Waiver (NIW), please see the section on processing flow of National Interest Waiver (NIW) petition.