National Interest Waivers for Physicians
Posted Sep 24, 1999

Not so long ago, it had been relatively simple for a physician to qualify for the National Interest Waiver (NIW) to obtain the green card based on practicing in a medically underserved area (MUA). (Editors Note: NIW cases for non-physicians have involved a more difficult standard, showing that a persons work is in the national interest and that the person would continue to make significant contributions to the field of endeavor.).

As mentioned in previous editions of the Immigration Law Bulletin of The Law Office of Sheela Murthy, P.C., with the decision of the Administrative Appeals Office in the New York State Department of Transportation case in August of 1998, the standards for physicians to obtain NIW approvals also changed so that they have to meet the same strict standards as others.

Noting that many of the doctors who had applied in the NIW category have already received waivers of their J-1 requirement based upon a national interest-type standard, advocates and even INS officials expressed their support for legislation that would restore the NIW eligibility for physicians working in MUAs. Such a bill has been proposed in Congress, but it is now apparently facing serious opposition. The Law Office of Sheela Murthy, P.C. will continue to monitor the situation and post updates on our website.