June
2007 Newsletter
some thoughts on national interest waivers for physicians
June 20, 2007
By Robert D. Aronson
TO OUR PHYSICIAN CLIENTELE:
I am taking the liberty of informing you of two
intertwined developments in reference to the National Interest Waiver
option for Permanent Residence that may be of interest to either
you or to your colleagues. As such, please feel free to forward this
e-mail to other physicians who might benefit from the information
appearing in this message. This information is particularly germane
to physicians from India and China, although it could certainly benefit
physicians from other countries as well.
First, on January 23, 2007, U.S. Citizenship and Immigration Services
(USCIS) released a memo that substantially expands physician eligibility
to obtain Permanent Residence through service in a designated medically
underserved area. I had reported on this development in some of my
previous Newsletters. In particular, this recent notice expands National
Interest Waiver eligibility to specialty care physicians, thereby
repudiating the previous limitation solely to primary care physicians.
As a consequence, a substantially larger number/broader range of
physicians now has the option of sponsoring themselves for Permanent
Resident status.
Second, effective July 1, 2007, the immigrant visa numbers for India
and China will become current. Previously, there had been a backlog
of several years for these two countries; at least for July, there
is a window of opportunity for natives of India and China to file
their adjustment of status applications. In addition, the worldwide
quota remains current at least through July. We expect these immigrant
visa numbers to retrogress in future months, meaning that July presents
an unusual opportunity to file for Permanent Residence.
What all this means is that physicians - including those from India
and China - who are working in designated medically underserved areas
can file concurrently in the month of July their National Interest
Waivers and Adjustment of Status Applications. The advantages of
such a filing are the following: 1) it creates a solid basis for
ultimately attaining Permanent Resident status, provided that the
physician works for a five-year period in qualifying medical facilities
and/or geographic locations; 2) roughly 90 days after filing the
adjustment, the physician and all qualifying dependents will receive
Employment Authorization Documents and Advance Parole so as to gain
the benefits of unrestricted employment and reentry permission to
the United States, respectively; and 3) the physician has limited
employment mobility during this five-year period of time in that
he/she can in many instances move to other medically underserved
communities while preserving their eligibility for Permanent Residence.
Obviously, the desirability of pursuing this National Interest Waiver
strategy depends on the specific facts of the situation. You and/or
your colleagues should consult with immigration legal counsel before
embarking on this strategy. But given the unexpected forward movement
of the immigrant visa numbers in July combined with the expansion
of National Interest Waiver eligibility to a broadened class of physicians,
I did want to bring these developments to the attention of the physician
community that we serve.
I would be pleased to discuss these or any other immigration-related
developments with you, and ask that you feel free to contact my office
to schedule a consultation. As always, I would welcome your feedback
on the utility of this information to you.
Cordially,
ROBERT D. ARONSON
This memorandum is one of a series of communications
prepared as a general public service to our clients and friends.
The information herein presented is not intended nor should it be
utilized as legal advice on any specific situation. Furthermore,
given the rapid pace of change, the veracity of this information
is constantly subject to modification and/or reversal. Rather, this
piece represents a good faith attempt to orient clients and other
interested parties served byAronson& Associates to current
immigration developments. This piece in no manner supercedes the
need to seek
competent legal advice when engaged in activities carrying possible
immigration-related consequences.
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