National Interest Waivers for Physicians
Physicians are eligible for to obtain permanent residence through National Interest Waivers (NIWs) if they practice in a medically-underserved area or for the Veterans Administration for five years. They can either self-petition or be sponsored by their employer.
In 2000, the INS issued very restrictive regulations which did not comport with the law. Our law firm sued the INS to invalidate these regulations and won. Now, all physicians may be apply for NIWs, not just primary care physicians. The five years start wherever the physician starts to practice in the underserved area (although not while in J status), not just after the I-140 is approved.
Our law firm has obtained over 1,000 green cards for physicians using this process.
“I work with Merritt Hawkins & Associates, the largest physician search and consulting firm in the United States. For the past 20 years, we have relied on Mr. Shusterman and his law office to assist us in cases where we have recruited international physicians on behalf of our clients…we have found the results that Mr. Shusterman and his firm have achieved for us to be uniformly excellent..” (More client reviews…)
Memo on Adjudication of NIWs for Physicians in MUA’s (USCIS)
LAWSUIT
- Victory for Foreign-Born Physicians in NIW Case in Federal Court
- VICTORY! – 9th Circuit Decision in Schneider v. Chertoff (6-07-06)
- Oral Arguments in Physicians NIW Lawsuit – 9th Circuit Court of Appeals (12-05-05)
- Order From Appeals Court (3-10-05)
- Appellents Reply Brief in NIW Appeal (3-03-05)
- AILF’s “Friend of the Court” Brief in Support of the Plaintiffs’ Appeal (2-22-05)
- Government’s Reply Brief in Physicians NIW Lawsuit (1-18-05)
- Opening Brief in Support of Appeal in Physicians NIW Lawsuit (10-25-04)
- Court’s Decision Dismissing Lawsuit and Denying Plaintiffs’ Motion for Summary (3-26-04)
- Plaintiffs’ Reply to Defendants’ Opposition to Plaintiffs’ Motion for Summary (2-23-04)
- Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment… (2-02-04)
- Plaintiffs’ Motion for Summary Judgment in Lawsuit Challenging INS’s NIW Rules for Physicians (10-03)
- Complaint in Lawsuit Challenging INS’s NIW Regulations for Physicians (12-02)