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The second-preference employment category (EB2 employment visa) allows individuals of exceptional ability and individuals who are members of the professions holding advanced degrees to get a green card (permanent residence).

For EB2 employment visas, a job offer and a labor certification is generally required. This requirement can be waived if the petitioner demonstrates that granting the EB2 employment visa petition would be in the national interest of the United States.

One reason USCIS may grant the national interest waiver is because a physician agrees to work for a period of time in a designated under served area.

Eligibility Criteria

 

  • You must agree to work full-time in a clinical practice. For most physician NIW cases, the required period of service is 5 years;

  • You must work in a primary care (such as a general practitioner, family practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician;

  • You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA); and

  • You must obtain a statement from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest (This statement is known as an attestation).

National Interest Waiver

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