AAO Reverses USCIS on Physician National Interest Waiver Denial

Posted on: February 13th, 2016
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The Administrative Appeals Office of USCIS has reversed USCIS’ Texas Service Center in a physician national interest waiver-based permanent residency denial. The case involved the question of whether specialist physicians must be working in a Physician Scarcity Area, a designation category that no longer exists. Attorney Charles Wintersteen of Chicago successfully argued that the USCIS PNIW regulation mentioning PSAs was intended to expand the types of shortage areas acceptable for PNIW specialist physicians, not limit the category.