National Interest of Labor Certification Process Waiver
for Physicians in Underserved Areas
On September 6, 2000, the Immigration and Naturalization Service issued
its final rule regarding a waiver.
The national interest waiver for physicians in underserved areas relieves
the petitioner only from the labor certification process. If you are:
- A petitioner requesting a national interest waiver on behalf of
a qualified alien physician, or
- An alien physician self-petitioning for second preference classification,
based on medical service in a Health and Human Services Department
(HHS)-designated underserved area or a Department of Veterans Affairs
(VA) facility, you still must meet all eligibility requirements for
this immigrant classification in order to be eligible for the national
interest waiver.
Petition Document Requirements
The petitioner or self-petitioner must submit the following evidence
to support the request for a national interest waiver. For physicians
planning to divide the practice of full-time clinical medicine between
more than one underserved areas, the following evidence must be submitted
for each area of intended practice:
- If the physician will be an employee; a full-time employment contract
(issued and dated within 6 months prior to the date the petition is
filed) for the required period of clinical medical practice, or an
employment commitment letter from a VA facility.
- If the physician will establish his or her own practice, the physician’s
sworn statement committing to the full-time practice of clinical medicine
for the required period, and describing the steps the physician has
taken or intends to actually take to establish the practice.
- Evidence that the physician will provide full-time clinical medical
service:
a. In a geographical area or areas designated by the Secretary
of HHS as having a shortage of health care professionals and in
a medical specialty that is within the scope of the Secretary's
designation for the geographical area or areas; or
b. In a facility under the jurisdiction of the Secretary of VA.
- A letter (issued and dated within 6 months prior to the date on
which the petition is filed) from a Federal agency or the department
of public health (or equivalent) of a State (including territories
of the United States and the District of Columbia) attesting that
the alien physician’s work is or will be in the public interest.Any
attestation from a Federal agency must reflect the agency’s
knowledge of the alien’s qualifications and the agency’s
background in making determinations on matters involving medical affairs
so as to substantiate the finding that the alien’s work is or
will be in the public interest.
a. An attestation from the public health department of a State,
United States territory, or the District of Columbia must reflect
that the agency has jurisdiction over the place where the alien
physician intends to practice clinical medicine. If the alien physician
intends to practice clinical medicine in more than one underserved
area, attestations from each intended area of practice must be included.
Attestations from the public health department of a State, United
States territory, or the District of Columbia that does not have
jurisdiction over the place in which the alien physician intends
to practice clinical medicine will not be accepted.
- Evidence that the alien physician meets the admissibility requirements
established by section
212(a)(5)(B) of the Act.
- If applicable, evidence of the Service-issued waivers of the requirements
of sections
212(e) of the Act, if the alien physician has been a J-1 nonimmigrant
receiving medical training within the United States.
Time Limit for Required Service
- If the physician already has authorization to accept employment
(other than as a J-1 exchange alien), the beneficiary physician must
complete an aggregate 5 years of qualifying full-time clinical practice
during the 6-year period beginning on the date of approval of the
Form I-140.
- If the physician must obtain authorization to accept employment
before the physician may lawfully begin working, the physician must
complete the aggregate 5 years of qualifying full-time clinical practice
during the 6-year period beginning on the date the Service issues
the necessary employment authorization document.
