Green Card Options for Certain Physicians

1. What are the eligibility requirements for the Conrad State 30 J-1 Visa Waiver Program?


The Conrad State 30 Program requires applicants to meet the following eligibility criteria:

1. The applicant must be a foreign national doctor, or medical professional who graduated from a U.S. medical school
2. The applicant must be either in J-1 status or have a J-1 visa in their passport
3. The applicant must agree to continue to work for at least three years in an underserved area in the United States upon receipt of a Conrad 30 waiver
4. The applicant must have an employer sponsor who is willing to support the application for a Conrad 30 waiver
5. The applicant must demonstrate that they are not subject to the two-year home residence requirement (212e)
6. The applicant must provide evidence of good moral character and that they are not ineligible for a visa or admission to the U.S. under any provision of the Immigration and Nationality Act (INA).
7. Only applications from physicians or other medical professionals who meet all of the criteria listed above will be considered for the Conrad State 30 J-1 Visa Waiver Program.

2. How do I apply for a National Interest Waiver (NIW) for a green card?


In order to apply for a National Interest Waiver (NIW) for a green card, you must submit Form I-140, Immigrant Petition for Alien Worker, to the United States Citizenship and Immigration Services (USCIS). Along with Form I-140, you must also provide supporting evidence demonstrating that your admission to the U.S. as a permanent resident would be in the national interest of the country. This evidence can include letters of recommendation from government officials or professional organizations, resumes or CVs, research publications, and other evidence that illustrates your qualifications and contributions to the national interest.

3. What is the process for obtaining an immigrant visa through the Physician National Interest Waiver (PNIW) program?


The process for obtaining an immigrant visa through the Physician National Interest Waiver (PNIW) program includes:

1. Meet the criteria: The applicant must be a foreign physician who has completed medical training in the United States and is seeking an immigrant visa based on a job offer from a U.S. employer.

2. Apply for the National Interest Waiver: The applicant must complete and submit Form I-140, Petition for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS). The employer must also submit evidence to demonstrate that the applicant’s employment would benefit the national interest of the United States.

3. File an Immigrant Petition: Once USCIS approves the National Interest Waiver, the employer must file an immigrant petition (Form I-485) for the applicant and their family members.

4. Attend visa interview: Once USCIS approves the immigrant petition, the applicant and their family members must attend a visa interview at a U.S. embassy or consulate. During this interview, they will be required to provide evidence of their qualifications and other eligibility requirements for an immigrant visa.

5. Receive your visa: Upon approval of the immigrant visa application, the applicant will receive their immigrant visa and enter the United States as a permanent resident.

4. Are there any special requirements for physicians who wish to obtain a green card based on their employment in an underserved area?


Yes, physicians who wish to obtain a green card based on their employment in an underserved area must meet certain requirements. Physicians must be employed or have a contract to provide full-time service in a designated Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), or Medically Underserved Population (MUP). Physicians must also agree to work full-time in the area for at least three years and must provide direct patient care services.

5. What is the difference between the EB-1C and EB-2 NIW visa categories?


The EB-1C visa is for multinational executives and managers, while the EB-2 NIW is for advanced degree holders or those with exceptional ability. The EB-1C visa does not require a labor certification, while the EB-2 NIW does. Additionally, the EB-1C requires an employer to have a certain amount of operations in the US and the home country, while the EB-2 NIW does not.

6. How long does it take to get an immigrant visa after applying for a National Interest Waiver?


The processing time for an immigrant visa after applying for a National Interest Waiver can take up to 6 months or more.

7. Is there a minimum time requirement that must be met before a physician can obtain an immigrant visa through the J-1 Visa Waiver Program?


Yes. Under the J-1 Visa Waiver Program, the physician must have completed an exchange visitor program of at least three years in duration. The three-year period must have been completed within the past six years.

8. What is the filing fee associated with applying for the NIW Green Card?


The filing fee for the NIW Green Card application is $705. This fee includes $435 for the I-140 petition, $85 biometrics fee, and $185 premium processing fee (if applicable).

9. How do I qualify for the Special Immigrant Physician Program (SIP)?


To qualify for the Special Immigrant Physician Program (SIP), you must:

• Be a physician who has been practicing medicine in the United States for at least five years;
• Have a valid and unrestricted license to practice medicine in the United States;
• Have completed all necessary examinations, including the USMLE (United States Medical Licensing Examination);
• Have been employed full-time as a physician for at least three of the five years preceding the application;
• Demonstrate that you are or have been employed in an underserved area or medically underserved population in the U.S.; and
• Intend to continue practicing medicine in the U.S.

10. Is it possible to obtain a green card through the J-1 Visa Waiver Program without having to complete two years of foreign residence following completion of my medical training?


No, it is not possible to obtain a green card through the J-1 Visa Waiver Program without completing two years of foreign residence following completion of medical training. The J-1 Visa Waiver Program requires that you commit to a period of two years of foreign residence following completion of your medical training, in order to qualify for a green card.

11. Are there any special Visa categories available for physicians who demonstrate an exceptional ability in their field?


Yes, physicians may be eligible for certain immigrant visa categories such as the EB-2 or EB-3 visa categories. These visas are designed for individuals who demonstrate exceptional abilities in their field. Additionally, physicians may also be eligible for the National Interest Waiver (NIW) category, which allows certain individuals with advanced degrees to receive a green card without the need for a labor certification.

12. What are the requirements for obtaining a green card through the SIP program?


To qualify for a green card through the SIP program, you must:

• Have been physically present in the United States for at least three years;

• Have been continuously present in the United States for three years or longer;

• Not have committed any serious crimes;

• Have a qualifying job or business activity in the United States; and

• Demonstrate that residence in the United States would not endanger national security or public safety.

13. Is there an expedited process available to physicians who wish to obtain green cards through the J-1 Visa Waiver Program?


No, there is no expedited process available for physicians who wish to obtain green cards through the J-1 Visa Waiver Program. The overall process can take several months to complete. However, certain states may prioritize physicians for their state’s J-1 Visa Waiver Program due to the shortage of qualified medical professionals in those areas. Additionally, the U.S. Department of State has a program that can expedite the J-1 Visa Waiver Program for certain physicians called the Conrad 30 Program.

14. Is there a limit on the number of green cards that may be granted under the National Interest Waiver program?


No, there is no limit on the number of green cards that may be granted under the National Interest Waiver program.

15. Are there any special application requirements that must be completed when applying for a green card through the PNIW program?


Yes, applicants must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form is available on the U.S. Citizenship and Immigration Services (USCIS) website. Additionally, applicants must submit evidence of the qualifying marriage and/or qualifying relative relationship to the deceased U.S. Citizen spouse/parent, proof of current or former U.S. Armed Forces service, proof of honorable discharge, and proof of good moral character as well as other required documents.

16. Is there a fee associated with filing an application for NIW green card eligibility?


No, there is no fee associated with filing an application for National Interest Waiver (NIW) green card eligibility. However, the applicant will need to pay the filing fee for the Form I-140, Immigrant Petition for Alien Worker, which is currently $700.

17. How long does it take to get an immigrant visa after being approved for a National Interest Waiver (NIW)?


The timeline for visa processing is dependent on the specific case and the current backlog of applications. However, typically, immigrant visa processing can take anywhere from several months to a few years.

18. Are there any restrictions on who may receive immigration benefits under the Conrad State 30 program?


Yes. The Conrad State 30 Program is limited to physicians who:

• Have a full and unrestricted license to practice medicine in the United States;
• Have completed a medical residency program in the United States;
• Are employed in a health care facility in a medically underserved area or health professional shortage area of the United States;
• Have signed an agreement to continue employment at that facility for a period of no less than three years; and
• Have obtained a waiver from the U.S. Department of Health and Human Services.

19. Can I sponsor my spouse and/or children for immigration benefits if I am approved for a NIW Green Card?


Yes. Once you are approved for a NIW Green Card, you can petition for your spouse and/or children to receive immigration benefits.

20. Is there any additional information I need to provide to USCIS when filing my application for a green card through the SIP program?


USCIS does not require additional information to be submitted with your green card application through the SIP program. However, they may ask for additional documents as part of the review process. It’s important to provide all documents requested in a timely manner to ensure your application is processed quickly and accurately.