1. What is a National Interest Waiver?
As a foreign national you may apply for permanent residence status in the U.S. and seek a waiver of the offer of employment (i.e, Labour certification requirment) by establishing that your admission to permanent residence would be in the national interest of the U.S.
2. What is EB-2 National Interest Waiver for physicians?
The National Interest Waiver Green Card for foreign national physicians seeking permanent residency in the U.S. is on the basis of:
- Medical service in a Health and Human Services Department (HHS)-designated underserved area; or
- Department of Veterans Affairs (VA) facility
3. What is the time limit required for required service for EB-2 National Interest Waiver for physicians?
- Already have authorization to accept employment other than as a J-1 exchange alien, you must complete an aggregate five years of qualifying full time clinical practice during the six year period beginning on the date of approval of the Form I-140, Immigrant Petition for Alien Worker
- Must obtain authorization to accept employment before you may lawfully begin working, you must complete the aggregate five years of qualifying full time clinical practice during the six year period beginning on the date the service issues the necessary Employment Authorization Document
4. What are the documents required for EB-2 National Interest Waiver for physicians?
You must submit the following evidence with Form I-140, Immigrant Petition for Alien Worker, to support the request for a National Interest Waiver. If you plan to divide the practice of full-time clinical medicine between more than one underserved area, the following evidence must be submitted for each area of intended practice:
1. If you will be an employee, a full time employment contract issued and dated within six months prior to the date the petition is filed, for the required period of clinical medical practice, or an employment commitment letter from a Veterans Affairs (VA) facility
2. If you will establish your own practice, your sworn statement committing to the full time practice of clinical medicine for the required period, and describing the steps you have taken or intend to actually take to establish the practice
3. Evidence that you will provide full time clinical medical service in a:
a.Geographical area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals and in a medical specialty that is within the scope of the Secretary’s designation for the geographical area or areas; or
b.Facility under the jurisdiction of the Secretary of Veteran Affairs
4. A letter issued and dated within six months prior to the date on which the petition is filed, from a Federal agency or the department of public health (or equivalent) of a State including territories of the U.S., and the District of Columbia attesting that your work is or will be in the public interest.
a.Any attestation from a Federal agency must reflect the agency’s knowledge of your qualifications and the agency’s background in making determinations on matters involving medical affairs so as to substantiate the finding that your work is or will be in the public interest
b.An attestation from the public health department of a State, U.S. territory, or the District of Columbia must reflect that the agency has jurisdiction over the place where you intend to practice clinical medicine. If you intend to practice clinical medicine in more than one underserved area, attestations from each intended area of practice must be included. Attestations from the public health department of a State, U.S. territory, or the District of Columbia that does not have jurisdiction over the place in which you intend to practice clinical medicine will not be accepted
4. Evidence that you meet the admissibility requirements established by section 212(a)(5)(B) of the Immigration and Nationality Act
5. If applicable, evidence of the service issued waivers of the requirements of sections 212(e) of the Immigration and Nationality Act, if you have been a J-1 nonimmigrant receiving medical training within the U.S.