Physician NIW

The Physician NIW is a special subset of the EB‑2 “National Interest Waiver” designed for physicians. It allows eligible doctors to self‑petition for a green card, bypassing the usual employer-based labor certification (PERM) requirements, by committing to serve in underserved areas or VA facilities for a set period.  It is a useful alternative to the traditional NIW visa because it does not require a showing of “national importance” or impact on the field beyond your patient care.

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Am I Eligible for a Physician NIW?

  1. EB‑2 Base Eligibility

    You must first qualify under EB‑2—either through an advanced degree or exceptional ability in the medical field.

  2. Five-Year Full-Time Clinical Service

    Minimum 40 hours/week in clinical practice for at least five years. Time served before filing may count, unless performed under J‑1 status.

  3. Service Location in Designated Areas

    Practice must be in a Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), Mental Health Professional Shortage Area (MHPSA—for psychiatrists), Veterans Affairs facility, or for specialists, a Physician Scarcity Area (PSA)

  4. Public Interest Attestation

    A letter (attestation) from a federal agency or state health department confirming your work is in the public interest. Must generally be issued within six months of filing.

  5. Reporting Compliance

    Post‑I‑140 approval, submit documentation within 120 days of year 2 and year 5 showing continued service—such as contracts, W‑2s, tax returns, employer letters, proof of practice establishment.

  6. Adjustment of Status (I‑485)

    If visa numbers are available, you may file Form I‑485 concurrently to obtain work and travel authorization (EAD/AP). Full green card approval only happens after completing the service requirement.

What are the Advantages of the Physician NIW?

  • No labor certification required — bypasses lengthy PERM process

  • Self‑petitioning flexibility — no employer sponsor needed.

  • Concurrent adjustment — potential access to EAD/AP while completing service.

  • Employment flexibility — able to change qualifying locations/employers within underserved areas.

  • Direct path to permanent residency — especially appealing to international medical graduates committed to service.