If you’re a foreign medical graduate who’s completed residency or fellowship training in the United States on a J-1 visa, you may be eligible to apply for a J-1 waiver. J-1 waivers allow medical graduates to remain in the U.S. without fulfilling the two-year home residency requirement that’s usually required when a J-1 visa expires.
What is a J-1 Waiver?
After completing their training in the U.S., J-1 visa holders are required to return to their home country for two years to share the knowledge they acquired during their stay. This obligation must be met before an individual can be considered eligible for a change or adjustment of visa status for:
The only exception to the two-year residency requirement is to obtain a J-1 waiver, which allows waiving the two-year home residency requirement so J-1 visa holders can remain in the U.S. after their training is complete. There are four types of J-1 waivers available for medical graduates:
Conrad 30 Waiver Program
The Conrad 30 Waiver program allows each state to sponsor up to 30 medical graduates per year. To qualify for this waiver, you must agree to work full-time as a physician at a designated Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA) for at least three years.
Interested Government Agency Waiver
Medical graduates with a J-1 visa can request a waiver from the U.S. government agency that oversees their program. To qualify for this exemption, the agency head must first give someone permission to request a waiver on your behalf. After the request is submitted, the agency will decide whether it’s in the public interest for you to stay in the U.S. instead of returning to your home country.
Exceptional Hardship Waiver
The Exceptional Hardship Waiver is for medical graduates who can prove that returning to their home country would cause exceptional hardship to a U.S. citizen or permanent resident spouse or child.
Persecution Waiver
The Persecution Waiver is intended for J-1 visa holders who cannot return to their home country due to the risk of persecution based on their race, religion, nationality, political opinion, or membership in a particular group.
How to Apply for a J-1 Waiver
Applying for a J-1 waiver is a complex and time-consuming process. Each waiver has specific requirements and deadlines; it’s crucial to ensure your application is filled out completely and accurately and submit all the required documents. Even small mistakes could result in your waiver being delayed or denied. Therefore, it is highly recommended to consult an experienced immigration attorney specializing in J1 waivers to help you through the process.
After determining which waiver program you’re eligible for, you’ll need to complete the following steps:
- File an application with the Department of State and the processing fee.
- If you are filing for an Exceptional Hardship Waiver or J1 Persecution waiver file an application with supporting documentation with USCIS as well as the application required by Department of State
- If required by your program, secure a job offer from a government agency or designated underserved area.
- Gather and submit the supporting documents to the Waiver Review Division and if applicable to the Interested Government Agency. Documents required of third parties will need to be sent in by the third parties, including Conrad request letters, Interested Government Agency requests, and exceptional hardship determinations by USCIS.
- Once the Waiver Review Decision has made a decision, its recommendation will be forwarded to USCIS. You’ll also receive a copy of the decision at the address listed on your application.
- USCIS will then make the final determination regarding your waiver and will let you know whether it was approved or denied in writing.
Get Assistance with Your J1-Waiver
J-1 waivers are an excellent option for medical graduates who want to stay in the U.S. after completing their residency or fellowship training. However, it’s essential to ensure you’re applying for the right kind of waiver and completing each step correctly. If you’d like more information on obtaining a J-1 waiver or to discuss the details of your case, please contact the Ranchod Law Group at 916-613-3553 or email us at info@j1visawaiver.net to schedule a consultation.