The EB-2 classification requires a labor certification by the petitioning employer unless a national interest waiver is obtained. To obtain a national interest waiver the applicant must demonstrate that granting the EB-2 petition is in the national interest.
There are two kinds of national interest waiver applications available. One type is for physicians and the other type is for all other cases. The Administrative Appeals Office has established seven main factors that are considered in determining whether a particular job is in the national interest:
More recently, the Administrative Appeals Office has focused on three factors:
A physician national interest waiver is different from a standard national interest waiver. To be eligible for a physician national interest waiver, the foreign physician must:
A period of service in an underserved area can affect a physician’s ability to apply to adjust status. A physician can simultaneously file for adjustment of status when filing the I-140 petition unless green card numbers are not immediately available based on backlogs in the EB-2 category.
By applying for adjustment of status, the physician can also obtain an employment authorization document. This relieves the physician of having to maintain any type of valid nonimmigrant status. However, the physician may have an independent requirement to maintain H-1B status as part of a J-1 waiver service obligation.
While USCIS will allow the physician to apply for adjustment of status and obtain work authorization, USCIS will not make a final determination on any adjustment of status application submitted by a physician who is seeking a national interest waiver until the physician has practiced medicine full-time in a medically underserved area for an aggregate of 5 or 3 years, depending on the application filing date.
Upon receipt of the adjustment application on Form I-485, USCIS will note the date the physician began medical service, provide the physician with a list of evidence that must be submitted after the required period and provide the physician with a timeline by which the physician must send evidence to USCIS.
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Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.
We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support. Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times. We will hold telephonic or video meetings rather than in-person meetings. These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.
We remain committed to delivering outstanding client services. We do have one important request – please do not come into the office in person for your health and safety and that of our employees. Please mail or email all documents to our office. Also, you can make any required payments online at https://vpspay.com/p/3 or make them over the phone by calling 303-297-9171 or by mail. Please stay healthy!