EB-2 Physician National Interest Waiver 

​

The Physician National Interest Waiver (PNIW) is a green card category created by Congress to recognize that physicians working in underserved areas of the United States are in the national interest. The EB-2 typically requires a job offer and labor certification. A PNIW allows that requirement to be waived, but the physician must agree to work full-time in a medically underserved area (Section 203(b)(2) of the Immigration Nationality Act (INA). To qualify, a physician must work five (5) years in an area designated by the U.S. Department of Health and Human Services (HHS) as having a shortage of physicians. Generally, the five-year commitment must be shown in an employment agreement with a term of five years, and the physician must complete the five years of service prior to receiving a green card. If the physician will be self-employed, he or she may execute an affidavit detailing the plans to establish the practice.

  

A PNIW application must be accompanied by a letter from the relevant state’s department of health supporting the physician’s work as in the “public interest.” States may support an unlimited number of PNIWs in a given year. Each state has its own rules and procedures for issuing PNIW support letters, so it is important to consult those rules before pursuing a PNIW petition.