The United States has a national interest in obtaining physicians in underserved areas. To encourage the hiring of physicians in underserved areas, certain employers and physicians are relieved from going through the labor certification process.
Who Is Eligible for a Waiver?
Because there is a national need for physicians in underserved areas, the standard labor certification process is waived if the petitioner is:
- Requesting a waiver on behalf of a qualified alien physician
- An alien physician self-petitioning for second preference classification based on working in an underserved area
How Does an Alien Physician Locate Underserved Areas?
There are two primary ways to gain employment in underserved areas without the employer’s need to gain labor certification:
- Underserved areas designated by the Health and Human Services Department
- Working at a Department of Veterans Affairs facility
What Information Needs to Be Provided when Applying for a Waiver?
Besides the application form, the petitioner or physician must submit various documents for each intended practice area. Examples of information required include:
- An employment contract if the physician will be an employee
- A sworn statement committing to the full-time practice of clinical medicine for the required period, and describing the steps taken, if the physician will start their own practice
- Evidence the physician will provide full-time clinical medicine
Do I Need a Lawyer?
If you are an employer wishing to hire an alien physician to serve in an underserved area, or you are an alien physician desiring to start a clinic in an underserved area, an immigration attorney experienced in immigration law can determine if you qualify for the waiver and help you complete the waiver application.