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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