National Interest Waivers for Physicians allow IMGs and Canadian-trained doctors to obtain permanent residence if they practice in a medically-underserved area or for the Veterans Administration for 5 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 1,000+ National Interest Waivers for Physicians as a result of our victory in Schneider v. Chertoff. See below.
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Court Victory in Physicians NIW Case
- USCIS Memo on NIWs for Physicians in MUAs (1-23-07)
- Victory for Foreign-Born Physicians in NIW Case in Federal Court
- VICTORY! – 9th Circuit Decision in Schneider v. Chertoff (6-07-06)
- 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)
National Interest Waivers for Physicians – Additional Resources
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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