The EB2 PNIW checklist below provides a general idea of what is usually needed for a Physicians’s National Interest Waiver when filed with an EB2 green card petition. To have a better understanding of this list, please read the EB2 visa overview for the big picture and then please go through EB2 Physician’s National Interest Waiver (PNIW) for the details of what the Physicians National Interest Waiver includes when filed with the EB2 green card petition.
Please click to download the EB2 green card checklist for physicians under the EB2 Physician’s national interest waiver (EB2 PNIW).
The overall emphasis on the documents and requirements of a Physician’s National Interest Waiver filed with an EB2 green card petition is that the doctor agrees to work for 5 years in an area that is designated by the U.S. Department of Health and Human Services (HHS) as having a shortage of medical professionals or at a U.S. Department of Veterans Affairs facility and that their work would be in the public interest. The work must be full-time and the 5 years must be completed before the physician can change into their green card visa status (lawful permanent resident). The physician can choose to open up their own clinic to practice solo or be an employee at a healthcare facility.
The requirements for a Physician’s National Interest Waiver may not seem extensive at first glance, however, with further examination it becomes tricky on figuring out whether the physician’s degree and work experience can actually qualify or whether certain documents meet the evidentiary requirements under the standards of the EB2 Physicians National Interest Waiver. It is common practice and strongly encouraged to obtain an attorney for Employment-based green card petitions.
Alternatives to the EB2 Physicians National Interest Waiver
For people who qualify for an EB2 PNIW green card petition (Physician’s National Interest Waiver), there is a possibility that the person also qualifies for an EB1 green card petition (that requires a higher standard in eligibility) which includes: (1) persons who are nationally or internationally recognized for their extraordinary ability in the sciences, arts, education, business, or athletics (EB1a green card), (2) professors or researchers who are internationally recognized as outstanding in their academic field (EB1b green card), or (3) executives or managers of multinational companies (EB1c green card). EB1 green card petitions do not require a PERM labor certification and the EB1a green card subcategory (for aliens of extraordinary ability) does not even require a specific U.S. employer for the petition just proof that the person will continue to work in their field of expertise.
Another alternative that has a slightly higher standard in eligibility for people who qualify for an EB2 PNIW green card petition (Physician’s National Interest Waiver) is the EB2 NIW green card petitions (National Interest Waiver). A national interest waiver (NIW) can be filed with an EB2 green card petition when the person qualifies for an EB2 green card and is also qualified in being able to make contributions that can substantially benefit the United States as a nation.
For people who do not qualify for the EB2 PNIW green card petition (Physician’s National Interest Waiver) yet, the other alternatives that require a similar or lower standard include: (1) EB2 green card petitions under the exceptional ability subcategory (science, art, business), (2) EB2 green card petitions under the advanced degree subcategory, (3) EB2 green card petitions under Schedule A Group II (performing art, science, art), (4) EB2 green card petitions under Schedule A Group I (professional nurses, physical therapists), or (5) EB3 green card petitions (professionals, skilled workers, other workers).
The exceptional ability EB2 green cards are for persons who have exceptional ability in the sciences, arts, or business. The advanced degree EB2 green cards are for persons who have at least a master’s degree and have a job offer for a position that requires that specific type of degree. The Schedule A Group II EB2 green cards are for persons who have exceptional ability in the performing arts, sciences, or arts. The Schedule A Group I EB3 green cards are for persons who are professional nurses and physical therapists.
The EB3 green card petition are for 3 groups of workers: professional workers, skilled workers, and other unskilled workers. Professional workers under the EB3 green card petition are required to be a member of a profession with at least a bachelor’s degree (or its foreign equivalent) and a job offer that requires a bachelor’s degree. Skilled workers under the EB3 green card petition are required to have qualifications to perform a job that requires at least 2 years of training or work experience. Other workers under the EB3 green card petition are only required to be able to perform an unskilled job that requires less than 2 years of training or work experience. Similar to EB2 green card petitions, the EB3 green card petitions also generally require a sponsoring U.S. employer and a PERM Labor Certification.
HAVE A EB2 PNIW GREEN CARD IMMIGRATION QUESTION? CONTACT US
If you have an EB2 Physician’s National Interest Waiver green card (EB2 PNIW) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the EB2 PNIW green card (Physician’s National Interest Waiver) is the appropriate immigrant visa category for the client’s professional background. We will work closely with our client to prepare a convincing case for their EB2 PNIW green card petition and we will also strategize on how the EB2 physician’s national interest waiver should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB2 PNIW green card petition (Physician’s National Interest Waiver) due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
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- Filing the case
- Following up on the status of the case
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued