Contents: NIW
Physicians who are willing to work in a medically underserved area (HPSA/MUA) for five years are eligible for a National Interest Waiver. This applies primarily to physicians working in primary care, but in some cases specialists are eligible as well. Dentists, optometrists, podiatrists and chiropractors are not eligible for this category. The NIW petition must include a letter of support from a federal agency or state department of health stating that the physician's employment is in the public interest. The USCIS has removed the six-year time limit for completing service in the designated area, but reserves the right to deny permanent residence if the physician appears to be using the EAD benefit of the pending adjustment of status application for employment in other areas or occupations. The I-485 Adjustment of Status applications for the physician and his/her family may be filed with the I-140 NIW petition, but will not be adjudicated for final approval until the five years of work in the designated area are completed. Applications to renew the Employment Authroization Document must include evidence that the physician is completing the five-year service requirement. Please also note that I-140 portability regulations do not apply to this category. If the physician later moves to another HPSA/MUA, a new NIW will be required, but the previously accrued experience will count towards the five year requirement.
[top] PERM
A hospital, clinic or research center may sponsor a physician for permanent residence via the PERM Labor Certification process. This process requires that the employer advertise the position according to very specific Department of Labor guidelines to prove that there are no US workers who are qualified, willing and able to accept the job. The physician must meet the minimum qualifications for the position at the time the advertisements are run. This may include standard physician qualifications such as proper license and board certification, USMLE parts 1, 2 and 3, and immigration specific requirements including a certificate from ECFMG.
After the Department of Labor approves the Labor Certification application, the employer may file an I-140 Immigrant Worker Petition with the USCIS and the physician and his/her family may file I-485 applications for permanent residence. [top] EB
Physicians who have conducted research or otherwise contributed to the advancement of medical care may be eligible for the first preference EB1-2 Outstanding Researcher or EB1-1 Extraordinary Ability categories. The Outstanding Researcher category requires an employer sponsor, evidence that the physician has three years of previous experience in teaching or research, and evidence that the physician is being sponsored for a tenure-track or equivalent permanent position. The Extraordinary Ability category does not require an employer sponsor or evidence of a permanent position. Both categories require evidence that the physician has achieved recognition as an expert in his/her field. To qualify for the Outstanding Researcher category a physician must show that he/she meets at least two of the specified criteria, to qualify for Extraordinary Ability a physician must meet at least three of the criteria.
Please also see the article "EB1-2 Outstanding Researcher Cases for Academic Physicians", recently updated by Nicole Kuchyt and Attorney Dan Berger. [top] Family
In addition to the above roads to permanent residence, physicians may be eligible for a green card based on family relationships. A physician that is the spouse or child of a US citizen or legal permanent resident should consider this option. Physicians should also consider if their non-US Citizen spouse is eligible for permanent residence in a category that may make the process easier or faster for both individuals.
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Permanent Visas for Physicians 
