EB2 NIW

[N.Hussain 0]

Hello, 

 

I am a physician from Pakistan, currently working as a postdoctoral associate on J1 and have a few publications/ abstracts but <10 citations. I still haven't done residency training. My question is, can I apply for EB2 NIW? Also what happens in case the application gets rejected? Would really appreciate it if anyone could answer. Thank you. 

[Boiler 45,753]

Yes you can. not sure if you know but there are Lawyers who will guarantee success or refund you their fees.

 

If it is rejected then nothing changes, you revert to your existing situation.

[N.Hussain 0]

Thanks for your response. Can you recommend an attorney. Also, are you sure one doesn't face the risk of deportation if EB2 NIW application is rejected? My other question is can citations be a substitute for letters of recommendation, or are letters of recommendation mandatory? 

[Boiler 45,753]

So we are assuming you are still in the US when a decision is made, not sure how likely that is, but lets say you are here on your J1 at that point you just stay on your J1.

 

Google will help, I do not not have any recommendations, I see the likes of https://www.wegreened.com/ mentioned.

[OldUser 7,004]

5 hours ago, N.Hussain said:

Thanks for your response. Can you recommend an attorney. Also, are you sure one doesn't face the risk of deportation if EB2 NIW application is rejected? My other question is can citations be a substitute for letters of recommendation, or are letters of recommendation mandatory? 

You need to letters of recommendation to make the case stronger.

 

I'd evaluate with an attorney first whether you have a case for NIW or you won't be eligible and it's a waste of time.

 

AFAIK, when you file for GC under NIW, you demostrate immigrant intent. Don't expect to be easily approved / renewed any non-immigrant visa after that.

 

Edited October 20, 2023 by OldUser

[randomstairs 304]

You have two different paths here. One is through your research work (publications, citations, etc), the other is the physician NIW. For the latter, these are the criteria (source: https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-a-physician-national-interest-waiver-niw) :

 

You must work full-time in a clinical practice. For most physician NIW cases, the required period of service is 5 years;
You must work in a primary care (such as a general practitioner, family practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician;
You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA); and,
You must obtain a statement from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest. (This statement is known as an attestation).

Edited December 5, 2023 by randomstairs

[N.Hussain 0]

Thank you @Boiler, @OldUserand @randomstairs. I really appreciate your input!

[randomstairs 304]

1 hour ago, N.Hussain said:

Thank you @Boiler, @OldUserand @randomstairs. I really appreciate your input!

Any time! You can always click on the "like" button too to express this