Medical Doctors
 

National Interest Waiver for Doctors

The National Interest Waiver category (EB2) is an excellent method of obtaining the U.S. Green Card. It is applicable to both physicians and scientists with exceptional qualifications and achievements who are living outside the U.S., as well as physicians already in the U.S. who have accepted positions in the U.S. in underserved areas or at a Veterans Administration (VA) facility.

Generally, physicians can apply for permanent residency through the usual types of categories, e.g., Extraordinary ability (can be self-petitioned, and does not require labor certification); Advanced Degree (labor certification can be waived if national interest test is satisfied); Exceptional ability (labor certification can be waived if national interest test is satisfied); and Professionals (labor certification is required).

The Attorney General shall grant a national interest waiver pursuant to clause
(i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.

No permanent resident visa may be issued to an alien physician described in sub clause (I) by the Secretary of State under section 204(b), and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245, until such time as the alien has worked full time as a physician for an aggregate of five years (not including the time served in the status of an alien described in section 101(a)(15)(J)), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.

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