National Interest Waiver

In connection with permanent residence, a foreign national physician may be granted a waiver of the requirement of an indefinite full-time job offer from a U.S. employer (and thus skip the labor certification process) if the physician agrees to work full-time (40 hours per week) in a clinical practice for an aggregate of five (5) years, and the work is in a geographical area (or areas) designated by the Secretary of Health and Human Services as a Medically Underserved Area, a Primary Medical Health Professional Shortage Area, or a Mental Health Professional Shortage Area, and in a medical specialty that is within the scope of the Secretary’s designation for the geographical area or areas, or the work is at a health care facility under the jurisdiction of the Secretary of Veterans Affairs (VA), and a Federal agency or the state department of health has previously determined that the physician’s work in that area or facility is in the public interest.

The foreign national physician must complete the five (5) years of qualifying full-time clinical practice during the 6-year period beginning on the date of approval of the immigrant visa petition or the issuance date of any necessary employment authorization document. Please feel free to contact one of our attorneys for additional information regarding documentary requirements for a national interest waiver.