J-1 Waivers for Doctors - J1 Visa Waivers

J-1 Waivers for Doctors

As a doctor working in the U.S. on a J-1 visa, you may be required to return to your home country for two years before you’re eligible to receive a green card. However, depending on your circumstances, you may be able to apply for a J1 waiver, which will waive the 2-year home residence requirement and allow you to continue living and working in the United States. 

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Eligibility Requirements for J1 Waivers for Doctors

To be eligible to apply for a J-1 visa waiver, you must be a doctor who’s completed a J-1 exchange visitor program. You must also:

  • Work full-time with an H-1B immigrant status
  • Be employed at a healthcare facility designated by the U.S. Health and Human Services 
  • Receive a contract from an approved healthcare facility categorized as a Professional Shortage Area, Medically Under-served Area, or Medically Under-served population
  • Receive a “no objection” letter from your home country’s government stating that they don’t require you to fulfill the two-year home country physical presence requirement or object to the applicant potentially becoming a permanent resident. 
  • Agree to start work within 90 days of receiving the J-1 waiver

In addition, J-1 visa holders must meet at least one of the following bases for the waiver:

  • No Objection Statement 
  • Exceptional Hardship
  • Persecution 
  • Request by an Interested U.S. Federal Government Agency 
  • Request by a Designated State Public Health Department or its Equivalent 

Application Requirements for J-1 Waivers

To apply for a J-1 waiver, you must submit an application that includes the following documents:

  • Form I-612 Application for Waiver of the Foreign Residence Requirement
  • Proof of eligibility, such as documentation of your exchange visitor program 
  • If you’re applying based on exceptional hardship or persecution, you must submit evidence supporting your claim. Depending on your circumstances, this could include detailed examples of persecution you’ve suffered due to your race, religion, or political opinion, affidavits from friends and family members, medical records, police records, government-issued documents, proof of association with certain groups or parties, and more. 
  • Any required supporting documentation, such as financial records or evidence of your ties to the U.S. 

What to Expect During the J-1 Waiver Process

During the J-1 waiver process, your application will be reviewed by a government agency to determine whether you’re eligible to receive a J-1 waiver. In some cases, you may also be required to attend an interview with immigration officials to provide additional details. Finally, the agency will make a decision, and your application will either be approved or rejected. If your application is approved, you can continue living and working in the U.S. without returning to your home country for the 2-year residence requirement. 

Get Legal Assistance with Your J-1 Waiver for Doctors

The J1 waiver process can be complex and time-consuming, depending on your reasons for applying for a waiver–especially if you’re applying due to exceptional hardship or persecution. Since these are both subjective, you’ll be required to provide ample evidence to support your claims. 

If you need assistance with your J-1 waiver, the experienced attorneys at Ranchod Law Group are here to help. We provide clear guidance and representation throughout the application process and can significantly increase your chances of obtaining a waiver. For more information, don’t hesitate to get in touch with us to schedule a consultation, or feel free to browse through the following resources:

Questions? Contact Us!