Physicians
Physician national interest waiver
Physicians may qualify for permanent residence under the EB-2 category with the labor certification requirement waived when their work serves the national interest.
Eligibility for physicians
A physician must agree to work full-time for at least five years in either:
- A designated Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA), as determined by HHS; or
- A facility operated by the U.S. Department of Veterans Affairs (VA).
The waiver is available in primary care and specialty fields. Primary care includes internal medicine, family practice, pediatrics, obstetrics/gynecology and psychiatry.
Required documentation
When filing the I-140 petition under the NIW category, include:
- Employment agreementA full-time contract covering the five-year service requirement, dated within six months of filing and stating the qualifying work location(s).
- Attestation letterFrom a federal agency or state department of health confirming the physician’s qualifications and the public interest served, dated within six months of filing.
- Licensure evidenceProof of license to practice medicine in the state where services will be performed.
After completing five years of service, the physician submits evidence of compliance 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. Time spent in the U.S. under a J-1 visa does not count toward the five-year NIW service requirement.
- Does time completing a J-1 waiver service obligation count?
- Yes, but only 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, but a new I-140 must be filed with updated evidence.
- When can I file for adjustment of status?
- Whether or not you previously held J-1 status, you may file concurrently with your I-140 if your priority date is current (and, for former J-1 holders, you will complete your waiver service on valid H-1B status).
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