Are Conrad 30 Waivers available for California this fiscal year (October 2007-September 2008)? 

California, my home state, has availability for seven Conrad 30 positions this fiscal year.  The availability of Conrad 30 waivers this late in the fiscal year is unusual and does reflect the normal demand for California Conrad 30 waivers.  If you will apply for the Conrad 30 waiver before the fiscal year ends, you should be prepared to commence employment before the year ends.

HPSA and MUA designations and treating the Homeless

States do have some discretion in evaluating HPSA and MUA designations and it is important that you determine the state’s methodology in determining whether the health care facility falls within a underserved area at the the very begininnig of the waiver process.  While California’s interpretation of HPSA and MUA designations are not unusual,  some states also allow physicians to work at health care facilities that receive 330 funding from the federal government.  There are three primary HPSA designations that California recognizes as a HPSA location for the Conrad 30 waiver.  The three designations are the following:  Geographic location, Federally Qualified Health Center and by Population Group.  In the great state of Texas, if the Health Care Facility is receiving 330 funding the physician can work for any health care facility that receives this type of funding as long as the physician will be employed to serve the health care facility that receives 330 funding.

What do you do if your J-1 visa will expire before you are able to apply for a waiver? 

If you have expertise in your field the O-1 visa is an excellent option for physicians.  By utilizing this option you also would not be subject to the J-1 two year home residency requirement when you apply for the O-1 visa at the U.S. Embassy (consular processing).

States are accepting Conrad 30 Waiver applications for fiscal year 2009

The deadline for many Conrad 30 waivers is approaching. For instance Texas will begin accepting Conrad 30 waiver applications on September 3, 2008, while California will accept applications on October 1, 2008. Only thirty (30) waivers may be granted per federal fiscal year (October 1, 2008 through September 30, 2009 for California). With the exception of last year Texas had over 30 applications on first day of filing, for the last couple of years. Therefore, it is advantageous to file your application as soon as possible.

Timing is Everything

As with many things in life, timing is paramount. First, if you are considering a J-1 waiver, you should consider which city and state you would like to work in. You may contact me at info@j1visawaiver.net if you have questions regarding individual state requirements and filing deadlines. After determining where you would like to work you can determine the state’s filing deadline.

Physicians interested in applying for a J-1 waiver should start preparing their J-1 waiver application now. Many states allow new J-1 Waiver applications at the beginning of the fiscal year as discussed earlier.  With this in mind, it is advantageous for physicians to commence preparation of the J-1 waiver application in their third year of residency or one year before their residency ends. Planning well in advance of your graduation is paramount because of the following:

• Licensing – You should ensure that you obtain the appropriate state license in order to obtain your license before your J-1 visa expires. Submission of your state license is a requirement for filing the H-1B application. (when applying for your license you should apply for the type of license that does not expire. If your license has an expiration date USCIS may grant your H-1B visa up until the date your license expires.)

• No objection letter- If you received funding from your home government, you will need to obtain a no objection letter. Depending on your home government, it may anywhere from a few months to a year or longer to obtain this document.

• Prevailing Wage Requirements – The prevailing wage as set forth by the Department of Labor, must be paid to the physician working in H-1B status. After you find an employer, you should confirm that the employer is willing to pay the prevailing wage. For instance, the prevailing wage for a Level II psychiatrist in Central California is $117,333 a year. The employer must pay the prevailing wage in order to meet H-1B requirements.

• Letters of recommendation – Some J-1 waiver Conrad 30 programs require letters of recommendation and it may take a couple of months to obtain appropriate letters.