This is a method of seeking Labor Certification [WSP_Imm_36] for employment of an alien prior to applying for a green card.  Under the RIR method, an employer filing a permanent labor certification application may ask for a waiver or reduction of the full recruitment provisions of Federal regulations by filing a written request with the State Employment Security Agency (SESA). A RIR can be granted for any occupation, except those listed on Schedule B. The employer must prove that an adequate test of the labor market was made at prevailing wages and working conditions through sources normal to the occupation and industry within the six-month period preceding the filing of the application with the SESA. The Department of Labor [http://workforcesecurity.doleta.gov/foreign/] encourages RIRs in cases where there is little or no availability of U.S. workers; no restrictive requirements; and the employer is offering prevailing wages. RIR requests are given expedited processing by SESAs and ETA Regional Offices. 

Green Card/Permanent Residency-Physician National Interest Waivers by Working in HPSA, MUA, MUP

A national interest waiver petition is used to obtain permanent residency.  The main advantage of this request is that an applicant does not have to file a labor certification petition in order to obtain permanent residency.  Another advantage is that a job offer is not always required, in other words, a qualifying individual may file for himself (self petitioning).  This petition is advantageous for physicians who work in an underserved area.

Evidence to be submitted:

• If the physician will be an employee; a full-time employment contract (issued and dated within 6 months prior to the date the petition is filed) for the required period of clinical medical practice, or an employment commitment letter from a Veteran’s Affairs (VA) facility.
• If the physician will establish his or her own practice, the physician’s sworn statement committing to the full-time practice of clinical medicine for the required period, and describing the steps the physician has taken or intends to actually take to establish the practice.
• Evidence that the physician will provide full-time clinical medical service:
  • In a geographical area or areas designated by the Secretary of  Health and Human Services (HHS) as having a shortage of health care professionals and in a medical specialty that is within the scope of the Secretary's designation for the geographical area or areas; or
  • In a facility under the jurisdiction of the Secretary of VA.
• A letter (issued and dated within 6 months prior to the date on which the petition is filed) from a Federal agency or the department of public health (or equivalent) of a State (including territories of the United States and the District of Columbia) attesting that the alien physician’s work is or will be in the public interest
  • Any attestation from a Federal agency must reflect the agency’s knowledge of the alien’s qualifications and the agency’s background in making determinations on matters involving medical affairs so as to substantiate the finding that the alien’s work is or will be in the public interest.
  • An attestation from the public health department of a State, United States territory, or the District of Columbia must reflect that the agency has jurisdiction over the place where the alien physician intends to practice clinical medicine. If the alien physician intends to practice clinical medicine in more than one underserved area, attestations from each intended area of practice must be included. Attestations from the public health department of a State, United States territory, or the District of Columbia that does not have jurisdiction over the place in which the alien physician intends to practice clinical medicine will not be accepted.
• Evidence that the alien physician meets the admissibility requirements established by section 212(a)(5)(B) of the Act.
• If applicable, evidence of the Service-issued waivers of the requirements of sections 212(e) of the Act, if the alien physician has been a J-1 nonimmigrant receiving medical training within the United States.

Time Limit for Required Service

• If the physician already has authorization to accept employment (other than as a J-1 exchange alien), the beneficiary physician must complete an aggregate 5 years of qualifying full-time clinical practice during the 6-year period beginning on the date of approval of the Form I-140.
• If the physician must obtain authorization to accept employment before the physician may lawfully begin working, the physician must complete the aggregate 5 years of qualifying full-time clinical practice during the 6-year period beginning on the date the Service issues the necessary employment authorization document. 

Schneider v. Chertoff decision is implemented nationwide. Click here to read the USCIS memorandum regarding interim adjudication procedures for National Interest Waiver Petitions.

Please visit our Physician Information Center   for general information about how foreign medical graduates (FMGs) may obtain temporary and permanent visas to stay and work in the United States.  Our Useful Web Links for physicians also provides important resources for visa applications. To Contact one of our experienced immigration attorneys, use our Contact Us  form or phone at 312 795-9110.

In general, prior to applying, applicants for an immigrant visa based on employment, job skills, or profession, have to have a job offer from an employer or obtain an approved Labor Certification Application through the U.S. Department of Labor.  However, these requirements may be waived if an individual can show that his work is of national interest.  If so, such an applicant may submit an application for permanent residency with the USCIS on his own behalf without a job offer or Labor Certification. Certain factors are considered in determining whether the national interest exception applies:

• Improving the U.S. economy
• Improving wages and working conditions for U.S. workers
• Improving education and programs for U.S. children and under qualified workers
• Improving health care
• Providing more affordable housing
• Improving the U.S. environment and making more productive use of natural resources
• Interested government agency request

Physicians who work in medically underserved areas may qualify for the national interest waiver exception.