Physicians Seeking National Interest Waiver

Physicians Seeking National Interest Waiver (NIW)

Legislation enacted in 1999 makes it easier for certain foreign physicians seeking permanent residence in the second employment-based preference to obtain a National Interest Waiver (NIW). Under the 1999 legislation, USCIS must grant a National Interest Waiver (NIW) if:

1. The physician agrees to work full time in a health professional shortage area designated by the Department of Health and Human Services (HHS), or in a Veterans Administration (VA) hospital, and
2. a federal agency or a state department of public health has determined the physician's work to be in the public interest.

Five-Year Aggregated Service: The physician, however, is not eligible for an immigrant visa or adjustment of status until he or she has worked full time as a physician in a shortage area or VA hospital for five years in the aggregate. Time in J-1 status does not count toward the five-year period.

USCIS rules clarify that the physician must agree to practice full-time in an HHS-designated Primary Medical Health Professional Shortage Area (HPSA) or a Mental Health Professional Shortage Area (HPSAs), or instead serve at a Veterans Affairs health facility. Under the 1999 law, the rules allow waivers only for physicians who will practice in these fields of medicine: family/general medicine, pediatrics, general internal medicine, obstetrics/gynecology, and psychiatry.

If you have further questions about the National Interest Waiver (NIW), please contact us. If you are interested in our NIW services at Liu & Associates, P.C., please see the processing flow of National Interest Waiver (NIW) petition.