As a Physician, Should I Apply for U.S. Green Card with NIW Application or Labor Sertification? Physician, Apply for Green Card, U.S. Green Card, NIW, NIW Application, Labor Sertification

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As a Physician, Should I Apply for
U.S. Green Card with NIW Application or Labor Certification?

Hi William,

I am a physician caming to U.S. on a J-1 visa, and I have Medical degree from my home country. After my medical residency program in a large hospital in U.S., I started work on H-1B visa under the Conrad State 30 program. My question for you is: should I apply for U.S. Green Card in National Interest Waiver or do a PERM Labor Certification first?

Answer,

A foreign physician seeking a green card in the United States can apply through a "National Interest Waiver" (NIW) to bypass the typical labor certification process, allowing them to obtain a green card by demonstrating that their work in an underserved area significantly benefits the national interest, essentially meaning they can apply without needing a job offer from a specific employer; however, if they cannot meet the NIW criteria, they would need to go through the standard labor certification process to apply for a green card.

For foreign physicians, the National Interest Waiver (NIW) is the special Green Card application type for physicians in underserved areas, and you are required to remain in the position for five years. Additionally, unless the position is through the Veteran's Administration, the physician under NIW is only available for pediatricians, general internal medicine, family or general medicine, obstetrics/gynecology, and psychiatry.

For the Labor Certification, you may have more flexibility with regard to future options. However, many physicians who have committed to work in an underserved area do use the NIW as an avenue to obtain a Green Card.

The following are some important considerations for a physician to apply for U.S. Green Cartd with National Interest Waiver:

1) No Labor Certification Required: Unlike the standard green card process, a PNIW allows physicians to skip the labor certification step, which can be lengthy and complex.

2) Underserved Area Requirement: To qualify, a physician must commit to working in a designated underserved area for a specified period (usually five years).

3) Attestation Needed: To support their application, the physician must obtain a letter of attestation from a relevant state health agency confirming their work will benefit the public interest.

4) Benefits: This pathway can be faster and more flexible for physicians who want to practice in areas with healthcare shortages.

If a physician cannot demonstrate that their work significantly benefits the national interest, or does not plan to work in an underserved area, they will need to go through the standard PERM Labor Certification process. Also, if a physician has a job offer from a U.S. employer willing to sponsor their Green Card, they may choose to pursue the PERM Labor Certification route also.