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NIW physicians

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Hi Mr. Murthy


good morning, I am a physician planing to apply green card. I read a lot about NIW but I still not clear on few issues. could you please advice.


1) I am doing resiency with H1B visa in underserved area for 4 yrs. Can this be considered for NIW physician underserved area ?

2) I am in 4th yr of H1b & if I filled for NIW I-140 now, will this past H1b in underserved area 4 yrs be counted ?

3) My 5th yr is in a different underserved area from Aug 2013, is it better to apply for I-140 now or in AUG ?

3) If i get I-140 - Can I change Job in Aug 2014 (after completing 5 yrs underserved) the new employer does not sponsor H1b can I get away with I-140 extension with out employer help


thank you very much for your help.



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You really need to be working with an attorney.  You are able to afford expert representation.

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Hello Sree


The time counted towards 5year requirement does not start until you have completed your training (be it residency or fellowship).


Even if you submit the I-140, to change jobs and continue in your new position, you will require H1b continuation. Just mere submission of I-140 does not do away with your visa requirement.


Disclaimer: I am not a lawyer and the above material does not count as legal advice. This is just an opinion expressed on an open forum. I am not liable for the content posted above.

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On a case by case and state by state basis, it is possible for time completing a residency in H1B classification in a medical underserved area to count towards the 5 years requirement for the physician NIW.  One can work in multiple underserved areas over the 5 years of service in a medical underserved area required for the physician NIW. Generally, being a beneficiary of a physician NIW by itself does not remove the requirement that an individual be authorized to work in the United States - an EAD or H1B or other work authorized status would be required. It is recommended to speak with a qualified competent immigration attorney about these matters to develop a personalized strategy.

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