Physician National Interest Waiver (NIW) Petition

Requesting an attestation from MDH

A physician committing to at least five years of clinical employment in a designated underserved area in the U.S. can apply for lawful permanent resident status through a National Interest Waiver (NIW). As part of the application for a waiver, U.S. Citizenship and Immigration Services requires an attestation from a federal agency or state department of health stating that the physician’s work is in the public interest.

For more information on this federal program, please visit Green Card Through a Physician National Interest Waiver (NIW) | USCIS

Physician eligibility

To be eligible for a National Interest Waiver (NIW), a physician:

• Must work full-time in clinical practice. For most physician NIW cases, the required period of service is five years, which may be prospective;
• Must work in primary care (such as a general practitioner, family practice physician, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician; and
• Must serve in a Health Professional Shortage Area (HPSA), Mental Health Professional Shortage Area (MHPSA – for psychiatrists only), Medically Underserved Area (MUA), or a Veterans Affairs facility. Specialists may serve in a Physician Scarcity Area (PSA).

Required documentation

When requesting a letter of attestation from MDH, please submit the following:

1. Letter requesting an attestation
   • Letter should include:
     • Name of physician;
     • Name of legal employer and employer address; and
     • Explanation of documentation included in request to show that the physician meets the federal eligibility requirements.
2. Employment verification
   • o Must show full-time clinical work for a minimum of five years, which may be prospective. To verify this, submit either:
     • A copy of the employment contract, signed by both the physician and the employer, showing the start date and the date the service commitment ends. The contract must indicate that the physician provides direct patient care for at least 40 hours per week. The contract must include the addresses of all the physician’s practice sites. The contract must specify the field of medicine in which the physician practices.
     • Or, a letter from an employer verifying that the physician met the five-year, full-time clinical practice requirement. Dates of service, practice sites, and physician’s field of medicine must be clearly stated.
3. Practice in a shortage area
   • Provide documentation that the physician’s practice sites are located in a HPSA, MHPSA (psychiatrists only), MUA, Veterans Affairs facility, or PSA (specialists only). A printout is sufficient.

Submission

Submit your request for an attestation to MN_Health.J1NHW@state.mn.us