Many foreign physicians can apply for permanent residency through the National Interest Waiver program. Phillip Levin & Associates helps hospitals and physicians understand the regulatory framework and all conditions applicable to NIW cases for cases for doctors. In general, a foreign physician must work full-time in a designated health professional shortage area or in a Veteran Affairs (VA) hospital and where a federal agency or state Department of Public Health has determined that his or her work is in the public interest for an aggregate of five years. Additionally the clinical practice must be located within an area that is designated as Medically Underserved Area (MUA), a Primary Medical Health Professional Shortage Area (MHPSA). PL&A has worked with state offices and hospitals to identify MUA’s and HPSA’s as well as to guarantee the applicable conditions are met to ensure a smooth transition from a nonimmigrant visa to green card.
Nurses were previously granted special consideration under a list of occupation for which the U.S. Department of Labor had determined that there was an insufficient number of U.S. workers who are able, willing, qualified and available. This list was called Schedule A. The advantage of being on Schedule A is that the foreign worker can obtain a green card without first having to go through the entire labor certification process. Unfortunately, this category has not been available for several years. PL&A has the experience, though, to navigate the labor certification processes for those nurses seeking lawful permanent residence.