Regular NIW not Physician NIW

[m_img]

I'm wondering if someone have looked into plain NIW for physicians not NIW serving in under served areas.

Looking into this I find one of the criteria for NIW:

"The alien's admission will improve health care".

Having said that, why can't physician apply for regular NIW. One advantage would be that you don't have to wait and serve 5 years in under served area.

What am I missing here????

 

[mmed]

I'm wondering if someone have looked into plain NIW for physicians not NIW serving in under served areas.

Looking into this I find one of the criteria for NIW:

"The alien's admission will improve health care".

Having said that, why can't physician apply for regular NIW. One advantage would be that you don't have to wait and serve 5 years in under served area.

What am I missing here????

The problem you are missing is the waiver. That waiver was issued for those on J medical visa solely because they will work in underserved area for certain time. If you get the actual GC before that mandatory time you or me wil not serve in these areas for one minute.

 

[m_img]

The problem you are missing is the waiver. That waiver was issued for those on J medical visa solely because they will work in underserved area for certain time. If you get the actual GC before that mandatory time you or me wil not serve in these areas for one minute.

There are two kinds of NIWs. One plain NIW which anyone can apply who meets the criteria. One of that is "The alien's admission will improve health care". This could be, I think, anybody in the health care field. This has nothing to do with J1s, is it?

Other NIW is specially for Physicians serving in underserved areas.

I'm talking about the waiver "The alien's admission will improve health care". Why doesn't physician considered as "The alien's admission will improve health care".??

 

[docboston]

There are two kinds of NIWs. One plain NIW which anyone can apply who meets the criteria. One of that is "The alien's admission will improve health care". This could be, I think, anybody in the health care field. This has nothing to do with J1s, is it?

Other NIW is specially for Physicians serving in underserved areas.

I'm talking about the waiver "The alien's admission will improve health care". Why doesn't physician considered as "The alien's admission will improve health care".??

Many physicians do apply for "plain vanilla" NIW. You have to meet a few criteria, where u have to proove that u are amongst the cream of your profession and US would be the looser, if they dont give you citizenship. Proof usually means list of your publications, list of your publications citation, letters of rec from people who know you ONLY because of your work n the field etc etc.
"Aliens admission will improve health care" will not meet the NIW criteria.

 

[m_img]

Many physicians do apply for "plain vanilla" NIW. You have to meet a few criteria, where u have to proove that u are amongst the cream of your profession and US would be the looser, if they dont give you citizenship. Proof usually means list of your publications, list of your publications citation, letters of rec from people who know you ONLY because of your work n the field etc etc.
"Aliens admission will improve health care" will not meet the NIW criteria.

I think you're correct. I just read this one of the criteria from USCIS, I think, that states this. I guess ""Aliens admission will improve health care" is open to interpretation. I have seen people with multitude of publications get denied and the one who have few publications get approved.

 

[m_img]

Many physicians do apply for "plain vanilla" NIW. You have to meet a few criteria, where u have to proove that u are amongst the cream of your profession and US would be the looser, if they dont give you citizenship. Proof usually means list of your publications, list of your publications citation, letters of rec from people who know you ONLY because of your work n the field etc etc.
"Aliens admission will improve health care" will not meet the NIW criteria.

How does this work if you're on J1-waiver... Do you apply during the three year period of waiver... and then apply for COS after three years are up.

 

[hadron]

The 'plain vanilla' NIW goes by the 'NYS Department of transportation vs. commissioner of INS' criteria:

- petitioners work is national in scope (the bridges the engineer in that case inspected carried interstate trucks)

- training of a masters degree or higher is required

- requiring the company to hire the first joe-schmoe to show up (by virtue of requring labor certification) will harm the national interest of the US.

 

[ajasha]

I'm wondering if someone have looked into plain NIW for physicians not NIW serving in under served areas.

Looking into this I find one of the criteria for NIW:

"The alien's admission will improve health care".

Having said that, why can't physician apply for regular NIW. One advantage would be that you don't have to wait and serve 5 years in under served area.

What am I missing here????

Physicians can qualify for NIW (w/o serving in underserved area). But the improvement in healthcare means a wider impact then just treating few patients yourself. You need to show some publication, or something you do which is not being done by all physicians with same academic qualifications. You can say housekeeping cleans the hospital and this improves healthcare, but national interest is not compromised by not giving him green card.

 

[m_img]

Physicians can qualify for NIW (w/o serving in underserved area). But the improvement in healthcare means a wider impact then just treating few patients yourself. You need to show some publication, or something you do which is not being done by all physicians with same academic qualifications. You can say housekeeping cleans the hospital and this improves healthcare, but national interest is not compromised by not giving him green card.

Good points and makes sense.

Then another question, if someone who have a lot of publications, why wouldn't he/she for EB1? What are the benefits/drawbacks of EB1 vs NIW? Is one easier than the other. If so, which one? Both are self petitioned, correct?

 

[mmed]

Good points and makes sense.

Then another question, if someone who have a lot of publications, why wouldn't he/she for EB1? What are the benefits/drawbacks of EB1 vs NIW? Is one easier than the other. If so, which one? Both are self petitioned, correct?

I think EB1 is not self petition, EB2-NIW is.

 

[hadron]

EB-1 'extraordinary ability ' is self-petitionable (if that is a word).

EB-1 'outstanding researcher' requires petition by a university or research institute.

The standard for EB-1 EA is rather high, they expect you to show that you are in the top 2% of your field (among your pears). All these things we are so terribly proud about (board certification, membership in exclusive medical societies etc) are considered regular trappings of the job and don't make us 'special'. You are competing with some computer or physics geeks that have stacks of publications in IEEE and the like.

In many cases, it is easier to make a 'NYS-DOT' type case for someone with a moderate amount of research and qualifications. While USCIS LIKE to see that people are extraordinary, there is no legal requirement to show that. E.g. a hospital can argue that if they are required to go through labor certification and would be forced to hire 'joe internist' as their new director of transplant nephrology instead of 'Ajib 3-fellowship Gupta' , significant damage would be done to their entire program. (the other two points are usually easy to proove, who doesn't have a masters and if you treat one out of state patient your work is national in scope).

 

[m_img]

Thanks,

While USCIS LIKE to see that people are extraordinary, there is no legal requirement to show that. E.g. a hospital can argue that if they are required to go through labor certification and would be forced to hire 'joe internist' as their new director of transplant nephrology instead of 'Ajib 3-fellowship Gupta' , significant damage would be done to their entire program. (the other two points are usually easy to proove, who doesn't have a masters and if you treat one out of state patient your work is national in scope).

I'm assuming it is still self-petitionable.

Where does the hospital comes into picture? Or just getting a support letter from the hospital.

 

[ajasha]

Thanks,



I'm assuming it is still self-petitionable.

Where does the hospital comes into picture? Or just getting a support letter from the hospital.

EB1 EA and EB2 NIW both are self petitioned. EB1EA has a strict but definite criteria. EB2NIW doesn't have very definite criteria. It depends on how can you argue impact of your work in national interest. EB1 OR is not possible until physician is involved full time in research. If you are a resident or in clinical practice then EB1OR will not be for you.
You need hospital as petitioner if you are applying in regular EB2 after labor certification. If you need more information please send me a private message.

 

[hadron]

Yes, EB-2 NIW can be self-petitioned. But the more and coherent support letters you can get, the better it is. E.g. a statement from the director of the counties department of health that getting an ID physician will certainly improve public health or from the hospital CEO that x number of people in a y service area will be positively affected etc.