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Working With a Physician NIW Attorney
Both physician waiver paths, one firm, and an early answer on which one your situation actually supports.
Most physicians who reach us already know they can self-petition and are trying to work out which waiver to file. We handle both routes — the three-prong national interest waiver every profession uses, and the separate waiver Congress wrote for physicians who commit to full-time practice in a designated shortage area or at a VA facility. What you are hiring is the judgment about which one your situation supports, including when the answer is not yet.
Who this page is for
Physicians deciding who to call: clinicians and subspecialists in practice, physician-scientists and academic faculty, and international medical graduates with a J-1 problem still unsolved. This page is about working with the firm — the guide pages linked below cover the doctrine.
Who we serve
Clinical physicians in practice — hospitalists, attendings, subspecialists, physicians running their own practices. This is the hardest profile on the three-prong path, because the argument that feels obvious to a doctor is the one USCIS rules out by name: there is a shortage, and I am a physician. What carries is something specific that reaches past your own practice, and our clinical physicians page shows what that looks like.
Physician-scientists and academic-medicine faculty, including people who split the week between clinic and lab. Usually the shortest distance to a filed petition, because the endeavor and its reach past the institution are already sitting in the record. Most of the work is putting each piece of evidence where it belongs. Our physician-scientists page covers it.
International medical graduates who trained here on a J-1. Training leaves a second problem behind the green card: the two-year foreign residence requirement has to be waived under INA 212(e), with all its conditions satisfied, before an adjustment application can be approved, and the J-1 years themselves do not count toward the five-year physician waiver. Our IMG page takes up J-1 waivers and Conrad 30.
Path selection is the real decision
Nearly every physician engagement turns on one question asked early: which waiver, or neither yet. The routes need different records, and a file built for one is wasted on the other.
The three-prong waiver is argued: that your endeavor has substantial merit and national importance, that you are well positioned to advance it, and that waiving the job offer is on balance beneficial — each by a preponderance of the evidence, and the waiver itself granted as a matter of discretion rather than as of right. It commits you to no location.
The five-year path is documented and then performed. Where the physician agrees to full-time practice in an area the Secretary of Health and Human Services has designated as short of health care professionals, or at a VA facility, and a federal agency or state health department finds that work to be in the public interest, the waiver is mandatory rather than discretionary. The price is the commitment: adjustment waits until the five aggregate years are worked.
And sometimes the answer is not yet. A physician two months into a first attending position, endeavor undefined and no shortage-area offer on the table, is better served by waiting than by paying for a petition that files a resume. You hear that in the consultation, before there is a bill for anything else.
What a consultation covers
A physician consultation is a working session. We ask for your CV, your immigration history including any J-1 time, your licensure and training record, and — if a shortage-area or VA position is in play — the offer, the site, and its designation status.
You leave with four things: which path your situation supports and why, an assessment of the weakest part of the case, the documents that would have to exist before filing, and a flat fee for the scoped work. If the case is not ready, you get that instead.
Ready to discuss your case?
Schedule a consultation with Loren Locke to see if this visa is the right fit.
Schedule a ConsultationHow we handle this
You work with the attorney making the judgment calls. The path assessment, the framing of the endeavor, and the petition strategy are attorney work here, not an intake questionnaire routed to a template.
Path selection comes before collection. For physicians who fit both routes, we put the time and the commitment each one demands side by side, and you choose with real numbers in front of you.
We quote flat fees after assessing the case, never off a rate card. You know the full fee before the work starts and it does not grow with the hours; government filing fees are paid to USCIS and sit outside it.
We do not promise outcomes. Every petition is decided case by case on the record in front of one officer. What we control is whether your record is the strongest version of the case the facts allow, and whether you knew what it was worth before paying for it.
Related pages
Physician NIW: the full guide
Both waivers, side by side.
ReadThe five-year physician waiver
Shortage-area and VA service.
ReadClinical physicians and the three-prong waiver
ReadPhysician-scientists and academic medicine
ReadIMGs: J-1 waivers and Conrad 30
ReadPhysician NIW vs. employer-sponsored PERM
ReadEB-2 NIW: the full guide
ReadFrequently Asked Questions
Other EB-2 NIW Resources
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The EB-2 threshold and the three-part waiver test — one page per question.
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Processing time, premium processing, priority dates, cost, RFEs, and what happens after approval.
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Real situations: an RFE on a self-filed petition, a denial, a pending PERM, a later EB-1A.
ExploreCompare Other Paths
EB-2 NIW measured against EB-1A, employer-sponsored EB-2, EB-1B, and the O-1A.
ExploreTalk to a physician NIW attorney
The consultation is the working session: which waiver path fits, where the record is weakest, and a flat fee for the scoped work. Physicians who would be better off filing a year from now hear that instead.
Immigration counsel to Fortune 500 employers at a national firm · Adjudicated 12,000+ visas at the U.S. Consulate, Mexico · Working in U.S. immigration since 2008
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