USCIS allows Sub-Specialists to obtain Permenant resisence Via NIW

Finally they came to their senses. I find it interesting but ironic that after contesting this case tooth and nail and delaying for as long as they could, in their memo they included the one issue which the judge did not rule upon ie subspecialty NIW (largely since Shusterman had no client left to contest it).
This definitely opens the door up to people who are "timing out" on their H1bs as a result of their residency/fellowship times.

The other point I find is they left it up to the 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. They clearly state too that they do not want to allow people in 485 pending status who are just procrastinating the service. Anyway interesiting memo, which certainly should make the NIW route to green card more appealing.

If we could just get them to move the NIW to Eb1 or add it to schedule A quota! Then we would have as close to a fair/reasonable system as we could expect.
 
Cool !

A lot of people will now be 'motivated' to stay in underserved locales. The real kicker with this is that you are able to move after your waiver and start your own shop on a EAD/NIW in any underserved location including urban. Except for the problem of delaying citizenship and the expense and anguish of having to renew your EAD/AP every year, life as 'adjustee' is not soo much worse than with a GC.
 
can I move after 5 yrs?

One of the statements on the memo reads:
"......an adjudicator may exercise discretion to deny employment authorization or an adjustment application if he or she believes that the physician is using the pending adjustment of status application solely as a means for employment in areas or occupations other than medical service
in the designated shortage areas."
:confused: What does this mean?
I will complete 5 yrs NIW in the my current practice (been with them from day 1 of waiver, no gaps) in sept 07. I-485 is pending, H-1B valid through 2008, EAD in hand (renewed once, but never used)
Can I move to an urban non HPSA designated practice at the end of 5 yrs as an adjustee and use my EAD?
I'd greatly appreciate any comments on this.
Thanks, and good luck to all
 
hadron said:
Cool !

A lot of people will now be 'motivated' to stay in underserved locales. The real kicker with this is that you are able to move after your waiver and start your own shop on a EAD/NIW in any underserved location including urban. Except for the problem of delaying citizenship and the expense and anguish of having to renew your EAD/AP every year, life as 'adjustee' is not soo much worse than with a GC.
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well i want to confirm that after the J1 person completes 5 years with NIW , on 5 years and one day , can that person move to any area, medically underserved or not ,or rual or urbal and even open own practice on EAD( especially important since EB2 numbers are not going anywhere for one year atleast) or keep waiting to get green card and then move out of MUA,i am completing my 5 years in June 2008.
 
It is my understanding (non-lawyer, not read up on AAU decisions) that you get your GC for serving out the 5 years but that you don't have to be in that location at the time of final adjudication. That would mean that once you have documentation of that time served, you can move on on EAD.

I haven't really read through the Schneider memo yet, but it seems to have some verbiage in there that gives the adjudicating officer some latitude to deny EADs and adjustment if they think that you are trying to use this as a means to string them along without ever working in your MUA/HPSA. I don't think that this would apply AFTER you have finished your obligation, but again, I don't know that for a fact.
 
Anybody knows what a 'physician scarcity area' is and where to find access into the database that defines those areas ?

This could be the hook with the specialist NIW. It has been USCIS contention that HPSAs aand MUAs are primary care and hence they would only give NIW to PCPs, now it sounds like they require a 'PSA' designation for a specialist NIW.
 
That is why I did not go the NIW route. I didn't want to commit for 5 years.
I did a J-1 waiver (Conrad State 20) as a specialist. I applied for PERM (when my waiver was about to end) and got approved in 3 months. Applied for I-140 and I -485 and got my GC in 6 weeks. Now I have given my employer my 6 months notice and free to move to an urban practice.
 
jupiturn said:
One of the statements on the memo reads:
"......an adjudicator may exercise discretion to deny employment authorization or an adjustment application if he or she believes that the physician is using the pending adjustment of status application solely as a means for employment in areas or occupations other than medical service
in the designated shortage areas."
:confused: What does this mean?
I will complete 5 yrs NIW in the my current practice (been with them from day 1 of waiver, no gaps) in sept 07. I-485 is pending, H-1B valid through 2008, EAD in hand (renewed once, but never used)
Can I move to an urban non HPSA designated practice at the end of 5 yrs as an adjustee and use my EAD?
I'd greatly appreciate any comments on this.
Thanks, and good luck to all
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I had the same thoughts when I read the bit you quoted. However I think in reading the memo in its entirety, that statement is in the context of someone who is not working toward their 5 yr commitment. The legislation itself as it is written mandates 5 yrs of service(in HPSA/MUA) in exchange for that NIW approval on which basis you would get adjusted. So I can't see how they could reasonably require you to stay on. That said, the USCIS has done stranger, holier than thou things before! If they start doing that there will almost certainly be a legal challenge to it and I suspect it would be a fairly easy case, but alas that would take time. Just look how long the legal process leading to this memo took!

I am in virtually the exact situation as yours and My lawyers advice was that I would be on solid grounds to move after my 5 yr commitment was over. She however balked when I asked if I could pursue a fellowship. :)
That gives you an idea of how grey things are in immigration law! Hence only past legal decisions appear to be a good way to tell.

I personally have decided to see which way the winds blow in the upcoming immigration debate. Absent some relief for EB numbers, I'll probably move on and take the tiny theoretical risk involved. If they do give some EB relief, then I'll probably stick it out here. I feel if nothing happens in the next 4-5 months we are definitely looking at nothing happening before the 2008 elections, whether for legal skilled immigration or otherwise.
 
posmd said:
I feel if nothing happens in the next 4-5 months we are definitely looking at nothing happening before the 2008 elections, whether for legal skilled immigration or otherwise.
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Given the f_ed up immigration debate in this country, you might have to quit your job and go pluck some chickens or harvest some lettuce. Whatever plan they come up with will be strictly limited to people who can't read or write.
 
pacardoc said:
That is why I did not go the NIW route. I didn't want to commit for 5 years.
I did a J-1 waiver (Conrad State 20) as a specialist. I applied for PERM (when my waiver was about to end) and got approved in 3 months. Applied for I-140 and I -485 and got my GC in 6 weeks. Now I have given my employer my 6 months notice and free to move to an urban practice.
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no one wants to work longer to get green card, but either u are from non retro country or were lucky to get approval in time,
i too had applied for labor in april 2004, first got stuck in backlog reduction center, now cant do anything with approved labor, had i small window of period to apply for PERM but employer refused, so lots of things are destined even with ones best effort.
But i am not complaining , have a stable job , a house , lovely kids , whenever green card comes , comes , will move on after 5 years
 
Hi lalalala
The law says u have to work in MUA/HPSA for total 5 years for NIW once u r done with 5 years u r a free bird.
Kidsdoc
 
Hypothetical question. Suppose you are from a retro country. What will be your PD date. The day you start your job or the day you file for NIW? For e.g Indian physician has finished 5 yrs in HPSA but never filed for NIW. But now wants to start the GC process. Will it be EB1 or EB2?
 
Very_Hopeful said:
Hypothetical question. Suppose you are from a retro country. What will be your PD date. The day you start your job or the day you file for NIW? For e.g Indian physician has finished 5 yrs in HPSA but never filed for NIW. But now wants to start the GC process. Will it be EB1 or EB2?
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You will be EB2 and the PD will be the date of filing of the NIW140 petition.
 
 
So the county where I workor zip code doesnt fall in the medicares list for PSA, (either primary care or speciality). Here I was gettig all excited and preparing to file my speciality NIW.You would think I should have learned by now that USCIS will always find a way to F**K me in the A**, but some people never learn.
 
docboston said:
So the county where I workor zip code doesnt fall in the medicares list for PSA, (either primary care or speciality).
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That's sad.. I was exited as well... and my county or zip is not there either:mad:

If you were primary care, to qualify for NIW, I thought that area has to be only MUA or HPSA? Or does it have to be in the PSA list as well?
 
m_img said:
That's sad.. I was exited as well... and my county or zip is not there either:mad:

If you were primary care, to qualify for NIW, I thought that area has to be only MUA or HPSA? Or does it have to be in the PSA list as well?
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It is indeed very confusing.

My impression was that they are using Medicare PSA for specialists and HPSA/MUA for primary care.

What is confusing to me is whether the HPSA/MUA is tied to the J waiver part and if you are on H-1 all along, whether PSA will be enough to apply for Primary care NIW even when the area is not HPSA/MUA.

Another issue is whether ALL HPSA/MUA are included in PSA.
 
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