NIW for physicians (Specialists)

[docny]

I have a couple of questions regarding NIW for MDs since USCIS will now be considering speciality practice in medicare determined PSA areas for NIW.

- If an applicant files for NIW to secure an early priority date (perhaps before starting the job) and then use the PERM later (but before the 5 yrs is up) - will USCIS consider I-485 interfiling and adjudicating the PERM (If priority date is current) even if the NIW time is not up yet?

- Since for specialists it is PSA and not necessarily MUA/HPSA, would it be still State DOH issuing the national interst letter?

- will this new thing of "discretion of the adjudicating officer to determine the intent of the petitioner in cases when the petitioner does not complete the 5 yrs in a 6 yr period." complicate the matter in case of a concurrent PERM application?

- What level of evidence does USCIS consider for EB-2 NIW that is not in HPSA/MUA/PSA and whether it is easier to get than EB1-EA? since it will not be tied up to the 5 year rule.

 

[hadron]

- If an applicant files for NIW to secure an early priority date (perhaps before starting the job) and then use the PERM later (but before the 5 yrs is up) - will USCIS consider I-485 interfiling and adjudicating the PERM (If priority date is current) even if the NIW time is not up yet?

People in primary care do this successfully. It can apparently be a hassle if the adjudicator doesn't know his nose from his elbow.

- Since for specialists it is PSA and not necessarily MUA/HPSA, would it be still State DOH issuing the national interst letter?

I would assume so. HPSA/MUA is a federal designation just as PSA (which is a category I had never heard about until this NIW approval thing)

- will this new thing of "discretion of the adjudicating officer to determine the intent of the petitioner in cases when the petitioner does not complete the 5 yrs in a 6 yr period." complicate the matter in case of a concurrent PERM application?

They don't want people to string them along by doing a year in a PSA, then 5 years on 5th avenue in NYC and then try to move back to a PSA to sit out the rest of the time.

- What level of evidence does USCIS consider for EB-2 NIW that is not in HPSA/MUA/PSA and whether it is easier to get than EB1-EA? since it will not be tied up to the 5 year rule.

Specialists have successfully filed NIWs just based on the importance of their work. Your NYS-DOT type criteria apply:
- national in scope
- requiring a masters level or higher education
- forcing employer to obtain labor cert would jeopardize the national interest

Let's say you are the only interventional cardiologist for the next 300miles, you have a doctors degree (or MBBS), you participate in medicare (national in scope) and the hospital would loose its cardiology service because they would be forced to hire joe-schmoe internist instead of you after filing a labor cert (after all, he fulfills the minimum criteria for being a village barber), you can try to file an NIW.

EA petitions go very much by quality of publications and quality of the support letters you can get from around the world. EA is about showing that you are in the top 2% of your 'peers' (so in this setting being board certified etc buys you buppkes as all your 'peers' are also BC). So, if you have your name as #2 on some NEJM paper and the academy of sciences has invited you to become a member, going for an EA as a physician might be worth the try.

 

[docny]

how about NIW (not thru MUA route) while in fellowship?