It is common for most of our clients to participate in a U.S. residency program in J-1 or H-1B status. Doctors who entered the U.S. in J-1 status on the clinical training category are subject to the two year home country residency requirement under section 212(e) of the Immigration and Nationality Act (INA), and are required to return to their home country upon the completion of the J-1 program.
If you provided health care services to patients, you probably participated in a J-1 clinical training program. If at the end of the program, you wish to remain in the U.S., you would be required to obtain a J-1 waiver of the home residency requirement before applying for a change of status. Otherwise, you will be required to return to your home country for 2 years before you can apply for a nonimmigrant or immigrant visa to return to the U.S. and work.
If you are a doctor participating in a U.S. residency program in H-1B status you do not need to obtain a waiver or work in an underserved area. However, if you are in H-1B status, you must be mindful of other immigration issues outlined in this report (see Mistake # 6 and Mistake # 7).
Some J1 Exchange Visitors to the US are subject to the two-year home country residence requirement. This means that some J1 Visa holders have to return to their country of nationality or permanent residence for at least two years after completion of their program in the US. During these two years, the exchange visitor is prevented from changing his or her visa status to H, L or permanent resident in the US at any US consulate outside the US, as well as from changing the status to any other nonimmigrant category within the US.
It is possible, however, to leave the US and re-enter with a different visa than H, L or green card during this two-year period, for example with a B2 tourist visa, O1 extraordinary ability visa, F1 student visa and E2 investor visa.
The two-year residence requirement may apply to the following categories:
The US government has funded the exchange program.
The acquired skill is listed on the Exchange Visitor Skills List of the US Department of State. This is a list of skills that are in short supply in the home country of the exchange visitor. It is important to note that consular officers often erroneously indicate that you are subject to the two year home residency requirement. By contacting a J1 waiver attorney you can find out whether the consular officer made a mistake and are subject to the two year home residency requirement.
Physicians who receive medical training
If you fall into any of these categories and are thus subject to the two-year home country residence requirement, but are not able comply with it, your best option would be to obtain a waiver of this requirement.
The Ranchod Law Group focuses on these types of J1 waivers. Please contact us to find out, which waiver would be best suited for you and if you are eligible for a J1 Visa Waiver.
I’ve just read an interesting article about the latest report issued on Feb 2nd, 2011 by the Commonwealth Fund. On the State Scorecard on Child Health System Performance, Nevada ranks last – behind 49 states and the District of Columbia.
The lack of healthcare provided in that state is quite shocking. With so many Nevadans enrolled in the free health care program for the poor, disabled, handicapped and elderly, the present system is overloaded. Of course, as the recession continues, the numbers of poor patients grows day by day. One of the main reasons for the poor health care score is a severe shortage of doctors in Nevada.
Dr. Tracy Green, the Nevada State Health Officer said she hopes to attract more foreign doctors to the state through the J-1 visa waiver program. The Conrad 30 J1 waiver program allows J1 physicians to remain and work in under served, often rural, areas.
These efforts of attracting more international doctors open up new possibilities for international medical graduates, who don’t want to leave the US after having finished their medical training. If you are interested to get more details about the health care conditions for children in the State of Nevada, here is the link to the full article.
The application process for a J1 visa waiver is somewhat complicated. An experienced immigration attorney focusing on J1 waivers can help you through the process and make sure that no errors are made.
Please contact the Ranchod Law Group with offices in San Francisco, Santa Clara, and Sacramento, serving clients nationwide. You can call us at 800-753-1399 if you have any questions regarding the J1 visa waiver.
New insurance wellness benefits offered as incentive for lifestyle changes in patients
Here’s another head’s up for international medical graduates (J1 visa and H1B holders) who may be too busy to read latest (Jan. 10, 2011) issue of Time: [http://www.time.com/time/magazine/article/0,9171,2040210,00.html] : get ready to give advice on diet and exercise as part of annual wellness visits offered to 46.6 Medicare beneficiaries.
Yes, as of January 1, Medicare recipients are encouraged to get free coaching about healthy behaviors, specific changes to their lifestyle that would reduce health care costs, since some “75% of [these] . . . costs stems from chronic diseases, many of which can be prevented by lifestyle choices.”
But the advice has to be more detailed than “stop smoking, eat less junk food and get more exercise” all common sense lifestyle choices that are guaranteed to avoid or reduce the effects of conditions like hypertension, diabetes and heart disease.
And so, get ready to lead a team of dietitians, exercise therapists, and related health professionals whose goal is to maximize wellness instead of minimize sickness. Can you give a prescription for “chairobic activity”? “Sit in a chair, arms at your side, then rise up and sit back down on it. Every day. Repeat as often as you can.” Such simple altered behavior in the daily life of a house-bound senior is soon to be doctor’s orders.
Why this shift? It pays. Insurance companies are willing to pay up-front to reduce costs later on. Any problems right now to implementing this plan? Yes: the average doctor has neither training or time to step into this new role as lifestyle coach and wellness director.
Anyone out there with knowledge of the benefits of a low-fat, vegetarian diet, exercise for stress reduction, flexibility, weight control? You’re wanted for your expertise, and, no doubt, your example of energy and productivity.
Please contact the Ranchod Law Group with offices in San Francisco, Santa Clara, and Sacramento, serving clients nationwide. You can call us at 800-753-1399 if you have any questions regarding immigration law.
ECFMG — Educational Commission for Foreign Medical Graduates
(FMG) — Provides Acculturation Program to Further Effective Cross-
Cultural Communication
Adjusting more quickly and easily to learning about and practicing within the U.S.
medical education system, as well as working and living in the United States – that’s a lot
of “adjusting.” Nobody calls it “culture shock” – instead ECFMG’s “acculturation” programs
are designed to assist newly arriving international medical graduates (IMGs) to effectively
navigate cultural differences.
Check out Website Objectives at http://www.ecfmg.org/acculturation/goal.html
This website is the answer to the question: what is being done to assist people from other
cultures who must quickly adapt to a new culture, not only as an individual person, but also
as a professional – a doctor serving patients?
For instance, could anyone learn a thing or two by experiencing these scenarios?
What’s in a Name?, an interactive, self-paced tutorial on meeting and greeting patients and colleagues in U.S.
hospitals and clinics. http://www.ecfmg.org/acculturation/whatsinaname.html
While you’re at it: http://www.ecfmg.org/acculturation/dozen.html
Go check out the series entitled “The One Dozen Most Important Things You May Not Have Known, Understood, or Realized About American Medicine” a series of modules designed to introduce international medical graduates (IMGs) who are entering the U.S. medical education and health care systems to the medical culture in which they will be working. This
includes concepts, issues, perspectives, and values that may differ significantly from those of
their native medical culture. The series is certainly not exhaustive but includes the areas in which
newly arriving IMGs most frequently have questions.
• A brief narrative description of the topic and its implications
• One or more video scenarios demonstrating interactions and behaviors related to the topic. Some scenarios demonstrate model behaviors, while others clearly demonstrate inappropriate behaviors.
• An analysis of the scenario(s) that highlights specific aspects of the physician’s interactions and behaviors. The analysis acknowledges model behaviors and proposes alternatives to poor behaviors.
• A set of discussion questions. Since the questions are designed to generate discussion (if being used in a group) or provide an opportunity for self reflection (if being used by an individual), answers are not provided.
• A script of the video scenario(s)
TOPIC MODULES
1. The Doctor-Patient Relationship
2. The Role of the Patient’s Family
3. Confidentiality
4. The Health Care Team
5. America Is a Litigious Society
6. Document, Document, Document!
7. Who Pays the Bills?
8. Gender Issues and Discrimination
9. Safety and Errors
10. Informed Consent
11. U.S. Graduate Medical Education
12. Above All, Professionalism
Please contact the Ranchod Law Group with offices in San Francisco,
Sacramento,and Sacramento, serving clients nationwide, at 800-753-1399 if you
have any questions regarding j1 waiver immigration law.
A lawyer is an authority in the “rule of law” – that is, what are the laws and how they may be applied in individual circumstances. And after years of law school and practice in the application of my “trade”, it’s easy to take for granted the simple fact that my profession exists in the first place because of the “rule of law”.
It was a routine CNN news broadcast that recently brought this everyday reality into a new perspective. Aung San Suu Kyi from Myamar (formerly Burma) emerged from house arrest after (15 out of the past 21) years. She had been cut off from two-way communication with the public (including family and friends), punished for [the crime of] being an advocate for democracy. It was these words to her supporters that grabbed my attention: “They have treated me well on a personal basis. But they have not acted in accordance with the rule [of law]. . . . I don’t think any country can survive as a prosperous and dignified nation unless there is rule of law.”
Read the full article here.
That’s what I especially noticed: — she was not complaining about the way she individually had been treated by her ‘captors”, but she did point out that some of her other countrymen had not been so fortunate. Her statement pointed out to me that “rule of law” is essentially a certain degree of certainty and predictability in how we will be treated by the “powers that be.” And there’s a great advantage to getting ahead with your personal plans in life when each person will be treated the same as others under the laws of the country.
As a J1 waiver immigration lawyer, I am asked to predict what will happen in various circumstances for my clients who want to exercise their options under the immigration laws. For instance, my foreign medical graduate clients may want to get a waiver of the requirement to return to their country of origin for two years after completing their resident/intern training. Of course there are exceptions under this rule, one being, they get an offer from a government agency to practice in a medically underserved area (good for the underserved/good for them); a win-win situation for everyone.
However, when the rule is actually applied, there is a less likelihood of approval if the FMG (foreign medical graduate) does not meet all of the technical rules set for forth by the USCIS, and State Health Department (for Conrad 30 waivers).
Another factor that seems to weigh heavily towards denial of J1 no objection waivers and J1 hardship waivers is if the J1 visa applicant has received funding from any US agency. See, e.g., WAIVERS OF INA 212(E) – Frequently Asked Questions
Q. What is the reason most applications are denied?
A. Applications are denied because the reasons given for requesting the waiver do not outweigh the program and foreign policy considerations of the exchange visitor program. For this reason waiver applications from exchange visitors who received U.S. Government funding are generally denied.
Sound like a tough stance to you? Maybe, but, fortunately, it is based on the rule of law.
If you have questions regarding J1 waivers, and you want to consult an immigration lawyer who focuses on the J1, J2 waivers and the process of securing one, you can reach me at Ranchod Law Group at 800-753-1399 or j1visawaiver.net.
I’ve worked with a range of clients located across the country as well as those in the San Francisco Bay Area and Sacramento California areas.
J1 Waiver Process Varies from State to State According to Immigration Lawyer
From my law offices in California, I work as an immigration lawyer with doctors
who want to practice in many different parts of the country. I thought it would give
those who are interested in applying for a J1 waiver some insight into the overall
process if I took a moment for review how the State of California operates.
Overview
The Conrad 30 State J1 waiver is for physicians who are primary care physicians
including psychiatrists, OBGYN and pediatricians. Some states will also issue a
recommendation for specialists including Hospitalists and surgeons. This program
does not cover nurses.
For the California J1 Waiver program applications are accepted starting October 1
of each year and are taken on a first come, first served basis. The state accepts 30 J1
waiver petitions each year. Last year California received 30 applications.
Process
Those seeking a J1 waiver must:
Make their application through the State’s Department of Health; U.S. State
Department and USCIS;
Acquire from the U.S. State Department a wavier review case number.
Be given a contract of employment in a medical facility in a region that is
designated shortage area.
That contract must be to provide patient care for a three-year period and for
at least 40 hours per week.
Those are the basic aspects of the application process. There are more
detailed steps involved and various necessary forms that must be submitted.
Important to be Thorough
In order to make sure that your application will have the best chance possible of
being approved, applicants must make sure that every detail is properly executed.
For this reason, many applicants will come to or contact my immigration law office
in California to consult and engage my services.
Please contact the Ranchod Law Group with offices serving San Francisco, San Jose,
and Sacramento, California, at info@j1visawaiver.net or at 800-753-1399 if you have any questions regarding immigration law.
The J2 visa is designed for spouses and dependents of J-1 student visa holders. As an immigration attorney serving clients throughout the United States, I work with those seeking both J1 and J2 visas. Here are some particulars regarding the J-2 visa in which applicants are often interested.
J2 Visa and Work
The J2 is a nonimmigrant visa under which you may work. In order to work with a J2 visa, the holder must receive special permission from the USCIS.
To apply, the J2 visa holder submits Form I-765. The process of adjudication takes from three to five months but processing times are subject to change based on government backlogs. If approved, the J2 holder will receive an Employment Authorization Document (EAD) allowing them to work.
Waiver of the Two-Year Home Residency Requirement
If the holder of the J1 visa applies and receives a J1 waiver of the Two-Year Home Residency Requirement, then immediate family members who are J2 holders will also be granted a waiver. Additionally, if the J1 holder passes on or if the J2 holder is divorced from the J1 holder, he or she may apply for a Two-Year Home Residency Requirement. Also, when a J2 holder reaches 21, they may also apply for a waiver.
If you have questions regarding the J2 visa and the process of securing one, then you should consult an immigration lawyer who focuses on J1 waivers. I’ve worked with a range of clients located across the country as well as those in the San Francisco Bay Area and Sacramento California area on J1 and J2 visas.
Please contact the Ranchod Law Group at 800-753-1399 or j1visawaiver.net if you have any questions regarding J1 and J2 visas or immigration. We partner with clients throughout the fifty states.
We get calls from doctors asking whether or not they will qualify for the Conrad 30 program if they are a hospitalist. If you are a hospitalist there are two issues you must consider:
Does the specific state that you intend to work in consider a hospitalist to be a specialist?
State Health Departments vary on their interpretation of whether or not they will categorize a hospitalist as a specialist. Specialists often have unique or additional requirements that must be fulfilled to qualify for the J1 Conrad 30 program.
Does working 80 hours one week and then taking the next week off fulfill the Conrad 30 requirements?
Department of State has caught up to this unique health care trend and is interpreting this atypical work week as meeting the Conrad 30 requirements. However, the employment must be “full time”.
In my opinion immigration law is catching up to the new emerging health care fields such as hospitalists. Contact our office at 800-753-1399 or j1visawaiver.net to schedule a consultation and talk to an immigration attorney.
Here at the Ranchod Law Group it is J1 Conrad 30 Waiver season. We are busy preparing J1 Conrad 30 waivers to ensure that we file our doctor’s applications expeditiously.
What are the Conrad 30 application trends for this year?
This year we have noticed a considerable decline in the number of applications in many states.
Specifically, California and Washington state have only received eight applications and Texas has 12 slots remaining. Last fiscal year Texas filled all of their slots while California had many more applicants.
If you are a physician and have not filed your J1 waiver application or are in the process of your job search you still may be able to file for a J1 Conrad 30 Waiver application in some of the most popular states( for Conrad 30 waiver applications).
Contact our office at 415-986-6186 to learn more about your J1 Waiver options.
