National Interest Waiver Immigrant Visa Petition for Physicians
In order to qualify for an immigrant visa through a waiver of the labor certification requirement in the employment-based second preference category (EB-2), you must demonstrate that your work as a clinician (either in a primary care discipline or a medical specialty) will “substantially benefit prospectively the national economy, cultural or educational interest, or welfare” of the United States. Note that the national interest waiver is not a waiver of the two-year foreign residence requirement imposed by the J-1 visa classification. If you are subject to this requirement, you must obtain a J-1 waiver in order to be eligible for permanent residence.
The legal standard for the National Interest Waiver classification for physicians can be established by showing that you:
- Committed to work full-time (40 hours per week) in an area designated by the U.S. Department of Health and Human Services (HHS) as having a shortage of health care professionals, or at a Veterans Affairs (VA) healthcare facility, for at least five (5) years; and
- Obtained a letter from the state department of health or VA certifying that the medical service you provide at the facility is in the public interest.