Court Cases

Court of Appeals

Schneider v. Chertoff:

A group of immigrant doctors challenge to the U.S. Citizenship and Immigration Services (USCIS) regulations implementing the Nursing Relief Act’s provisions allowing foreign doctors to seek a non-discretionary national interest waiver for doctors who agree to work in federally designated health professional shortage areas. The Ninth Circuit Court of Appeals ruled that certain regulatory provisions conflict with the Nursing Relief Act. The Ninth Circuit found that contrary to USCIS regulations, an immigrant doctor’s prior medical practice should count toward the medical practice requirement. The court also found that for purposes of determining whether the 3 or 5 years of service is required, a doctor’s national interest waiver must be filed before November 1, 1998, rather than filed and remain pending by a certain date. Finally, the court found that the USCIS properly devised a compliance system by requiring immigrant doctors subject to the 5-year medical practice requirement to submit evidence within 120 days of completion of the second year of requirement and additional evidence with 120 days of the fifth year of the requirement.