The USCIS has acknowledged two areas where officers have recently made errors on physician cases.

First, some H-1b’s have been denied due to issues with state license issues. Some states don’t require an individual license for a medical resident; rather, the resident is covered under the institutional license where the resident is receiving training. In some cases, the USCIS has reportedly denied H-1b’s where the resident does not have an individual license.

Second, some physician national interest waiver cases have been denied on the basis of the five year obligation. After a physician completes a five-year service obligation, the physician is no longer required to work in the medically underserved area or VA facility on which the physician national interest waiver was based. However, in some cases USCIS issued requests for evidence, requiring a letter of employment and personal statement that the physician intends to continue working in the medically underserved area or VA facility.

In both situations, the USCIS has noted the errors and has responded that they are providing additional training to officers on these issues so that they do not continue to make these mistakes.

As for physicians who have already received denials or requests for evidence on these issues, contact an immigration attorney for assistance on how to best resolve the problem.