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NIW-physician working in underserved area

Buffalo, NY |
Filed under: Immigration Green cards

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.

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Attorney answers 3


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



Thank you for your time. My situation is slightly different. I already got 3 year contract. But USCIS require 5 yo total. Can I file the petition with only 3 year contract in hand? How can I explain with the remaining 2 year after the contract is over. I am afraid that they will want me to switch over to LC process if I said I going to sign contact with the same employer after the contract is over.


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 advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.



Thank you for your input

Gintare Grigaite

Gintare Grigaite


You are very welcome!


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



Thank you for your input.

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