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Physician National Interest Waiver for the United States

Physician National Interest Waiver Template for United States

A Physician National Interest Waiver is a federal immigration document that enables foreign physicians to work in medically underserved areas in the United States without requiring employer sponsorship. This document, governed by U.S. immigration law and specifically Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act, outlines the five-year service commitment in a designated shortage area and establishes the terms of employment and compliance requirements.

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Physician National Interest Waiver

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What is a Physician National Interest Waiver?

The Physician National Interest Waiver (NIW) program was established to address critical healthcare shortages in underserved areas across the United States. This document serves as the foundational agreement for foreign physicians seeking permanent residency through the NIW process, requiring a five-year commitment to serve in designated Health Professional Shortage Areas (HPSA) or Medically Underserved Areas (MUA). The agreement outlines service requirements, compliance measures, and reporting obligations under U.S. federal immigration law.

What sections should be included in a Physician National Interest Waiver?

1. Parties: Identification of physician and employer/facility

2. Background: Context of the NIW application and service commitment

3. Definitions: Key terms including HPSA, MUA, full-time employment

4. Service Commitment: Five-year service requirement details and location

5. Employment Terms: Work schedule, duties, and compliance requirements

6. Reporting Requirements: Progress reporting obligations and documentation

What sections are optional to include in a Physician National Interest Waiver?

1. Conrad 30 Provisions: Required if physician is transitioning from J-1 visa

2. Specialty Practice Provisions: Specific requirements for medical specialty practice in designated shortage areas

What schedules should be included in a Physician National Interest Waiver?

1. Schedule A - HPSA Documentation: Official designation of service area as HPSA

2. Schedule B - Medical License: Copy of state medical license and credentials

3. Schedule C - Employment Contract: Detailed employment agreement with facility

4. Schedule D - Progress Report Template: Standard form for required progress reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use
Clauses




















Industries

Immigration and Nationality Act (INA): Primary legislation containing Section 203(b)(2)(B)(ii) for physicians in shortage areas and Section 204(b) for immigration petition requirements

Code of Federal Regulations (8 CFR �� 204.12): Specific federal regulations detailing requirements for physician national interest waiver petitions and adjustment of status

Public Health Service Act: Legislation governing healthcare service delivery and requirements for Health Professional Shortage Areas (HPSA)

State Medical Board Requirements: State-specific licensing requirements and medical practice regulations that vary by jurisdiction

HHS Guidelines: Department of Health and Human Services guidelines covering HPSA score requirements and service area definitions

USCIS Policy Manual: Volume 6, Part F, Chapter 5 containing specific guidance on physician NIW requirements and agency memoranda

Fair Labor Standards Act: Federal employment law governing wage, hour, and employment standards applicable to physician employment

Conrad 30 Waiver Program: Program requirements for J-1 visa holders seeking waivers through state health departments

Five-Year Service Commitment: Mandatory requirement for physicians to complete five years of full-time employment in designated shortage areas

Geographic Requirements: Specifications for practice locations in federally designated Health Professional Shortage Areas or Medically Underserved Areas

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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