On September 6, 2000, the Immigration and Naturalization Service issued a final rule on this matter. The information provided below is meant to help people understand and comply with these regulations.
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.
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.
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