NIW-physician working in underserved area

Asked over 2 years ago - Buffalo, NY

I am looking for an immigration attorney who might be able to guide me thought the process. I am a physician finishing my fellowship on J1. Obtained J1 waiver through USCIS. Awaiting for H1b approval.
Upon H1b approval, I plan to apply for physician NIW (since I am going to be in the area for at least 3 years anyway). even before I start working.

1. Can I apply for NIW with 3 year contract? (contract date also >6 months)? if not is the letter from employer states that I am going to be working for them for 3 year ok?

2. With 3 years contract, an affidavit that I will work 2 extra year either with current employer or plan to open up my own practice carry enough weight for I-140 approval?

3. I got the letter from DOS when I apply for waiver states that USCIS should grant a waiver. Will this one can be use as public interest letter from federal agency?

Any recommendation would be appreciated.

Attorney answers (3)

  1. Gintare Grigaite

    Contributor Level 18


    Lawyer agrees


    Answered . I agree, you don't need a contract per se for NIW, however, any objective evidence to support your NIW application will be essential. I highly recommend you hiring an experienced immigration attorney to assist you with the process.

    Contact immigration attorney Gintare Grigaite, Esq. at 646-407-2331. Answers on AVVO do not constitute legal... more
  2. Simone Bertollini

    Contributor Level 13


    Lawyer agrees

    Answered . 1. you don't need a job offer to apply for NIW
    2. same as 1
    3. you can use it but you also have to produce much more evidence

    I would strongly recommend that you hire an attorney to handle your case. NIW cases are very difficult

  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree


    Answered . Your question is too complex and case specific for it to be answered meaningfully on Avvo.

    You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,964 answers this week

3,311 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,964 answers this week

3,311 attorneys answering