Main arguments in support of the national interest
waiver included enrichment of the culture of the nation by
having a renowned composer of his stature in the United
States, increased cultural understanding and awareness
between the United States and the People's Republic of
China, further cultural exchange between the two countries,
and increased employment opportunities for U.S. musicians
who will play his compositions.
PHYSICIAN
Physician
Petitioner/Beneficiary is a physician with the University of
California, Los Angeles. He provides in-patient and out-patient
and emergency medical services, as well as is actively involved
in research in treatment of pain in HIV neuropathy and other
drugs and diseases. Petitioner submitted a letter from the
Department of Health and Human Services stating in part that "a
review of 78 currently open and 397 previously closed AIDS
Clinical Therapeutic Trials databases by the Public Health
Service's AIDS Clinical Trials Information Service revealed that
only 3 clinical trials addressed pain management and/or treatment
for peripheral neuropathy. Very little AIDS related clinical
research has addressed the treatment of neuropathy and related
pain morbidity" and that "Improved treatments for AIDS related
neuropathy and related pain morbidity would contribute
significantly to improved care for persons with HIV disease and
AIDS." Further, Petitioner submitted letters from a Professor,
two Associate Professors and a colleague, his research papers and
other medical publication on Management of Pain in AIDS patients.
Primary Care Physician
The INS California Service Center approved a national
interest petition for a primary care physician employed by a
health maintenance organization (HMO) in Southern California. The
argument for national interest focused on the inability of HMO's
to recruit primary care physicians in the U.S.; the severe
shortage of primary and family care physicians in the State of
California and throughout the country; and the shortage's impact
on U.S. health care reform.
Supporting documentation for the petition included articles
from various medical journals and major newspapers on the severe
shortage of primary care physicians and the trend of U.S. medical
school graduates to establish careers in lucrative specialty
areas such as surgery, anesthesiology, and pathology instead of
lesser-paying areas such as family medicine, obstetrics, and
general internal medicine. Also included was a forecast for
increased primary care physician recruitment within the next
decade to staff HMOs and evidence of how the beneficiary will
improve health care in the U.S.
The beneficiary has a ten-year career as a family practice
physician, including a successful six-year private family
medicine practice which specialized in obstetrics. The
beneficiary also served as a medical instructor in Canada, and
was a registered nurse for seven years prior to completing
medical school.
Physician
The beneficiary is a Russian-trained physician and scientist
engaged in chiropractic medicine research on the use of
manipulative therapy to prevent ergonomic problems in the
workplace, and into new treatments for visceral disorders. The
claim potential benefit to the United States was shown to be an
improvement health care, reduction in treatment costs (with
mention of President Clinton's health care reform) and increased
public safety in the transportation industry.
Evidence consisted mainly of endorsement letters from
university research directors, a medical journal and safety
aerospace medicine, NASA sponsorship was available. To document
his potential benefit to the aerospace industry, a major
government research contractor prepared a detailed ability
assessment showing his potential benefit to current and future
government projects.
Physician
The Petitioner/Beneficiary is a Canadian trained physician
who is licensed to practice medicine in California. A petition
for EB-2 classification was filed with a request for a national
interest waiver. At the time of filing, the
Petitioner/Beneficiary had not yet determined where he wished to
open his medical facility but anticipated that it would be
somewhere in the San Francisco Bay Area. The argument for the
national interest waiver focused on two areas, first being the
shortage of primary care physicians and the second the fact that
by opening a medical clinic, the Petitioner/Beneficiary would
benefit the U.S. economy by creating new jobs.
Petitioner/Beneficiary argued that there is a general lack
of family medicine and other primary care physicians in the
United States and in California, in particular. Evidence in
support of the petition included numerous articles from Medical
Journals as well as the popular press indicating the tremendous
shortage of primary care physicians. To demonstrate that the
Petitioner/Beneficiary would be an asset to the medical field in
the U.S., evidence of his 10 plus years of experience as a
primary care physician and in his having established and run a
highly successful medical clinic was furnished. In addition,
letters from prospective employers and his educational/licenses
were also included.
Physician
The petitioner is a health care facility which treats
indigent patients. The beneficiary is a physician who is a
citizen of Canada. A petition for EB-2 classification was filed
with a request for a national interest waiver.
Petitioner has a clinic which is located in X County in
Northern California. Although officially the X County poverty
rate is 8.7%, the actual rate is much higher. The County had
requested that the Governor of California apply to the Federal
Office of Shortage Designation to order classify the County as a
Medically Under-Served Population.
The petitioner is the sole provider of primary services to
Medi-Cal recipients in the area. Physicians that practice
primary care medicine have full or close to full practices.
Except for the petitioner, there is virtually no other source of
primary care for these patients within a 45 mile radius other
than an emergency room in the city of Y.
Over 30 letters were in support of the petition. Included
were letters from physicians, county politicians and also local
folk including several ordinary citizens who hailed Dr. Z as "an
exemplary physician," "a person who has raised the standard of
care in the community" and "a role model for the community."
Physician
Petitioner/Beneficiary is a physician with a small hospital in
rural Mississippi. He provides in-patient, out-patient and
emergency room medical services to a community of approximately
12,000. The hospital which employs the petitioner is located in an
area which had been designated as a medically-underserved area by
the Appalachian Regional Commission. The petition contained
evidence that the petitioner was properly degreed as a Medical
Doctor and licensed as a primary care physician in the State of
Mississippi. To support the request for National Interest Waiver,
documentation was submitted to demonstrate that the area was in
dire need of physicians. This consisted of press articles
regarding access to and quality of health care in the area where
the petitioner practiced. Additionally, statistical data, obtained
from the county health department, was submitted to document the
health status of the population, with a staggering infant mortality
rate of 20%. This was augmented by census data to illustrate the
demographic profile of the county's population as largely minority,
undereducated, and poor, and articles which demonstrated that the
rural poor have a higher mortality rate, stemming from years of
inadequate health care and aggravated by the effects of poverty.
Medical Researcher
The Eastern Service Center approved a National Interest Waiver petition for
a Post Doctoral Research Fellow. The national interest argument was based
on the beneficiarys outstanding, original Anesthesia and Perioperative
Medicine research. The research promises to be of great future benefit to
U.S. health care, while at the same time improving the economy and the
working conditions, education and other programs of U.S. workers.
The beneficiary holds medical degrees and possesses advanced training, with
over ten (10) years of experience in the field of anesthesia. The
beneficiary devised alternative, improved methods of protection for the
heart during surgery and has contributed to the knowledge of cardiothoracic
surgery and anesthesia.
Supporting documentation for the petition included letters from recognized
experts in the field, including a letter from the Professor and Chair of
the Medical University for which the beneficiary works.
Medical Director
Alien obtained her M.D. degree from prestigious British
educational institution and, furthermore, pursued advanced
studies, primarily in England. She has numerous
specialization certificates in a wide range of medical
fields.
She has in excess of ten years of direct professional
clinical research experience and apart from placing emphasis
on attempting to develop improvements in innovative drug
delivery systems, she has focused her attention concurrently
upon the issue of cost-effectiveness of pharmaceutical and
medical instrumentation, which is so important here in the
United States.
Petition included a diverse array of outstanding letters of
reference from world-renowned scientists, including local
government officials pinpointing the significance of her
contributions towards improving healthcare in the United
States.
Apart from the aforesaid letters of reference, included in
the supporting documentation, were numerous articles from
leading publications here in the United States pinpointing
the importance of concentrating upon cost-effectiveness in
the field of medicine.