The National Interest Waiver (NIW) for physicians in underserved areas relieves the petitioner only from the labor certification process; the petitioner is still required to meet all eligibility requirements for this immigrant classification in order to be eligible for the national interest waiver.

Qualified immigrant physicians who are doctors of medicine and doctors of osteopathy and for whom an immigrant visa petition has been filed may be granted an NIW, if the physician requests the waiver and establishes that:

i) he or she agrees to work full-time (40 hours per week) in a clinical practice for an aggregate of 5 years (not including time served in J-1 nonimmigrant status; and

ii) the service is;

a) in a geographical area or areas designated by the Secretary of Health and Human Services (HHS) as a Medically Underserved Area, a Primary Medical Health Professional Shortage Area or a Mental Health Professional Shortage Area, and in a medical specialty that is within the scope of the Secretary's designation for the geographical area or areas; or

b) at a health care facility under the jurisdiction of the Secretary of Veteran Affairs (VA); and

iii) a Federal agency or the department of public health of a State territory of the United States or the District of Columbia, has previously determined that the physician's work in that area or facility is in the public interest.

Contact our office for more information at (800) 733-0849 or email us to schedule a free consultation: information@cannlaw.com.