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Green Card Through a Physician National Interest Waiver (NIW)

The second-preference employment category (EB-2) allows individuals of exceptional ability and individuals who are members of the professions holding advanced degrees to get a green card (permanent residence). 

For EB-2s a job offer and a labor certification is generally required. This requirement can be waived if the petitioner demonstrates that granting the EB-2 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 underserved 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)
  • 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)

Application Process

To apply for a green card you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status.

Supporting Evidence for Form I-485


The following evidence should be submitted with Form I-485:

  • Two passport-style photos
  • Form G-325A, Biographic Information, if you are between 14 and 79 years of age
  • Copy of approval notice for Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)
  • Copy of Form I-797, Approval notice for I-140
  • Copy of birth certificate or other records of your birth
  • Copies of all passport pages with non-immigrant visas
  • Evidence of final compliance with the 3 or 5 years service requirement to be submitted no later than 120 days after the completion of the service requirement (Evidence of compliance must be submitted at intervals while the I-485 is pending)
  • Form I-693, Medical Examination and Vaccination Record
  • Photocopy of the Form I-797 Approval Notices for all extensions and changes of status
  • Photocopy of the Form I-20 or IAP 66 school records (front and back, including all school annotations)
  • Applicable fees
  • Form G-28, if you have an attorney representing your case

 

MORE INFORMATION (for "Recommended Links")

Green Card for an Afghan/Iraqi Translator
Green Card for an Armed Forces Member
Green Card for a Broadcaster
Green Card for an International Organization Employee
Green Card for an Iraqi Who Assisted the U.S. Government
Green Card for a NATO-6 Nonimmigrant 
Green Card for a Panama Canal Employee
Green Card Through a Physician National Interest Waiver
Green Card for a Religious Worker

Forms
Form I-140, Immigrant Petition for Alien Worker
Form G-325A, Biographic Information
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-693, Report of Medical Examination and Vaccination Record
Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)
Green Card Based Forms

Tools
Check Processing Times
Find a Medical Doctor
My Case Status
Change of Address
Find a USCIS Office (new Where We Are Located link in About Us)
Make an Appointment

Other USCIS Links
Working in the U.S. (new link)
Green Card Glossary (new link)
Green Card Resources (new link)



Last updated:09/02/2009