The National Interest Waiver is a waiver of the job offer requirement for foreign nationals who would like to obtain permanent residence in the United States in the employment based second preference category.
The waiver is available to individuals who meet the following requirements:
The National Interest Waiver relieves the petitioner only from the Labor Certification process. A petitioner requesting a National Interest Waiver on behalf of a qualified alien physician, or an alien physician self-petitioning for second preference classification, still must meet all eligibility requirements for this immigrant classification in order to be eligible for the National Interest Waiver.
The Code of Federal Regulation (CFR) at 8 CFR Parts 204 and 245 provide provisions of public law and regulations under which framework that a second-preference immigrant physicians may petition for a National Interest Waiver.
The National Interest Waiver requires physicians to provide service either in an area designated as a Health Professional Shortage Areas (HPSA), or Mental Health Professional Shortage Areas (MPSA) or at a Virginia facility.
In either case the alien physician must also obtain a determination from Health and Human Services Department (HHS), Virginia, or State Department of Health that the physician's work in such an area or facility is in the public interest.
An attestation from a Federal agency must reflect the agency's knowledge of:
A physician requesting an attestation letter from the Virginia Office of Minority Health and Health Equity must comply with the National Interest Waiver Guidelines and submit the required documentation to the address below.
Virginia Health Department, Office of Minority Health and Health Equity
109 Governor Street, 10th Floor, 1016 East Office
Richmond, Virginia 23219
ATTN: Program Administrator Specialist
For more information about the National Interest Waiver, email IncentivePrograms@vdh.virginia.gov, call (804) 864-7435 or send a fax to (804) 864-7440.