PRESIDENT SIGNS LAW TO RESTORE
NIW'S TO CERTAIN PHYSICIANS
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On November 12, 1999, President Clinton signed
Public Law 106-95 into law. Although the law primarily concerns nurses,
Section 5 of the law
restores the ability to obtain National Interest Waivers to certain physicians
employed in medically-underserved areas or for the Veterans' Administration.
Section 5 places physicians in a better position than they
were before the misguided decision in New York State Department of
Transportation (NYSDOT).
A FAQ on Section 5 answers some of the most
commonly-asked questions about the new law.
In summary, the bill provides as follows:
- Physicians working in medically underserved areas who submitted National
Interest Waivers prior to November 1, 1998 and whose petitions have either
been denied or pending will be approved under the pre-NYSDOT standards. This
means that if otherwise eligible, physicians who filed petitions before
November 1, 1998 should now have them approved.
- Physicians working in medically underserved areas whose National Interest
Waivers have been approved may rely on the approval.
- Physicians who submitted National Interest Waivers after the date of enactment
are required to work a total of five years in a medically underserved area
before being granted permanent residence. However, both the National
Interest Waiver and the Application for Adjustment of Status to Permanent Resident
may be submitted at any time during the five year period. Permanent residence may
be granted and the period of commitment will end after five years.
- Physicians with National Interest Waivers approved under the new law will
be able to file applications for permanent residence at any time during the
five year period and receive work permits in connection with the application.
- The option to apply for individual Labor Certificates remains open and those
persons will be subject to the current rule which requires working for three
years in H-1B status if the INS granted the J-1 waiver after September 30, 1996
for Federal interested government agency waivers and after October 1, 1994
for State interested goverment agency waivers.
The price of an NIW under the amendment will be some extra time
working in medically underserved areas. However, given that a person with a
NIW under the old law was required to work in a medically underserved area
for three years in H-1B status plus the time the green card application was
pending (usually two to three years) plus a reasonable period of time after
the green card is approved, the time difference may be minimal.
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