Said guidance included a number of positive developments, as discussed below:

• Based on the above guidance, the USCIS has stated that NIW processing will now be available for physicians in primary care and specialty care. Primary care medicine is defined as family or general medicine, pediatrics, general internal medicine, obstetrics/gynecology, and psychiatry. A specialty physician is defined as other than a general practitioner, family practice practitioner, general internist, obstetrician or gynecologist. Dentists, chiropractors, podiatrists, and optometrists do not qualify for a National Interest Waiver.

• USCIS will no longer require physicians to complete the 3/5 year medical service requirement (in most cases, 5 years) within the 4/6 year period after approval of the NIW petition. However, the USCIS will have discretion to deny the application for adjustment of status if the physician appears to be using the pending adjustment of status application solely as a means for employment in areas or occupations other than medical service in the designated shortage area.

• USCIS will now credit the time a physician served in a qualifying capacity in shortage areas and in Veteran Affairs facilities prior to the approval of the Form I-140 if: (1) the physician was in a lawful status (other than a J-1 nonimmigrant status) and the physician is able to provide a public interest letter from the state department of health or VA certifying that the medical service provided by the physician at the facility was or is in the public interest. The certification must explicitly cover any past period of employment that the physician wishes to have credited towards his or her service requirement, and must make a present statement for purposes of qualifying future medical service employment. Additionally, the physician must show that, at least at the time the work commenced, the work was in a qualifying shortage area or VA facility.

• Physicians with NIW petitions filed on their behalf before November 1, 1998 are eligible to obtain permanent resident status after only 3 years of service rather than 5 years, even if the initial NIW petition was denied prior to November 12, 1999.

Should you have any questions or concerns regarding these exciting developments, please do not hesitate to contact our office to discuss further.

POSTED: FEBRUARY 13, 2007