Is there any special provision for long-pending petitions?
As noted, most alien physicians must work in the area designated by the Secretary of HHS as having a shortage of health care professionals (or at the VA facility) for at least five (5) years before the alien physician may obtain permanent residence status. In that case, all the other requirements apply but the alien physician may obtain permanent residence after only three (3) years of qualifying service. USCIS has established an administrative method to implement the noted effective dates by providing guidance at 8 CFR 204.12(d) for each group of possible petitioners and beneficiaries. Q. Is this waiver available to an alien physician who is the beneficiary of an immigrant visa petition that USCIS denied prior to the amendment’s enactment date of November 12, 1999? A. If a USCIS decision that denied an immigrant visa petition became administratively final before November 12, 1999, the alien physician may obtain the benefit contained in the interim rule only through the filing of a new
