Physician National Interest Waiver (NIW)

Physicians seeking lawful permanent residency in the United States may qualify for a National Interest Waiver (NIW) under the EB-2 immigrant visa category. This category is reserved for individuals with advanced degrees or exceptional ability in their field. While the EB-2 process generally requires a labor certification, this requirement can be waived if the physician can show their work serves the national interest.

Eligibility for Physicians

To qualify for the NIW, a physician must agree to work full-time for at least five (5) years in either:

A designated Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA), as determined by the Department of Health and Human Services (HHS), or
A facility operated by the U.S. Department of Veterans Affairs (VA).

The waiver is available to physicians practicing in both primary care and specialty fields. Primary care includes internal medicine, family practice, pediatrics, obstetrics/gynecology, and psychiatry.

Required Documentation

When filing the I-140 Immigrant Petition for an Alien Worker under the NIW category, the following documentation must be included:

Employment Agreement: A full-time employment contract covering the five-year service requirement. The agreement must be dated within six (6) months of the I-140 filing and must clearly state the location(s) of intended employment within a qualifying shortage area or VA facility.
Attestation Letter: A letter from a federal agency or a state department of health confirming the physician's qualifications and the public interest served by the physician’s work. This letter must also be dated within six (6) months of the I-140 submission.
Licensure Evidence: Proof that the physician is licensed to practice medicine in the state where the services will be performed.

After the physician has completed the required five years of service, they must submit documentation to USCIS showing compliance with the terms of the waiver to become eligible for adjustment to permanent resident status.

Frequently Asked Questions

Does time in J-1 status count toward the five-year requirement?

No. Any time spent in the U.S. under a J-1 visa does not count toward the five-year NIW service requirement.

Does time spent completing a J-1 waiver service obligation count?
Yes, but only beginning from the date the physician switches to H-1B status following a J-1 waiver. Time served while still in J-1 status does not apply.

Can I change employers or locations during the five-year term?
Yes, physicians may relocate to a different qualifying underserved area or VA facility. However, a new I-140 petition must be filed with updated evidence confirming that the new position continues to serve the national interest.

When can I file for adjustment of status?

If you previously held J-1 status and now hold H-1B: You may file your adjustment of status application concurrently with your I-140, if your priority date is current and you will complete your J-1 waiver service requirement on valid H-1B status.
If you have never held J-1 status: You may also file for adjustment of status concurrently with your I-140, if your priority date is current.