J waivers for physicians are available for doctors who agree to work in Health Professional Shortage Areas (HPSAs) or Medically Underserved Areas (MUAs) for a minimum of 3 years. Generally, International Medical Graduates who do medical residency and fellowship programs in the U.S. must return to their home countries for 2 years after completing their programs unless they receive J waivers.
Up to 10 of a state’s 30 annual waiver slots may be used for practices located outside designated shortage areas if the employer can show that they provide services to patients who live in shortage areas. These waivers are known as Flex 10 waivers and are administered according to the regulations of individual states.
J waivers are also available if a doctor can demonstrate that his spouse and children who are either U.S. citizens or green card holders would suffer “exceptional hardship” if he were forced to return to his/her home country for 2 years. Finally, J waivers can be granted if the doctor can demonstrate that he would be persecuted if forced to return his home country.
International Medical Graduates (IMGs) must pass the the U.S. Medical Licensing Examination (USMLE), complete a medical residency in the U.S. and become licensed in a particular state in order to qualify to practice medicine in the United States. Often, IMGs obtain J-1 visas to come to the U.S. to do their residencies and fellowships. If so, they are compelled to return to their countries for a minimum of two years once their training is complete.
J waivers for physicians are generally sponsored by an Interested Government Agency (IGA), either a state Conrad 30 program or a Federal agency. A smaller number of J waivers are obtained if it can be shown that the physician would be persecuted if he had to return to his home country or that his spouse and children (U.S. citizen or lawful permanent residents) would suffer “exceptional hardship” if the physician were forced to return home.
This page explains the procedures by which J waivers for physicians can be granted by the U.S. government.
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J-1 Waivers For Physicians is divided into the following subtopics:
- J Waivers for Physicians
- Exceptional Hardship and Persecution Waivers
- Conrad State 30 Programs
- Department of Health and Human Services
- Veterans’ Administration
- Appalachian Regional Commission
- Delta Regional Authority
- Southeast Crescent Regional Commission
- Northern Border Regional Commission
J WAIVERS FOR PHYSICIANS
- FAQ – Waiver of 2-Year Home Residency Requirement (State Department)
- Check the Status of Your J Waiver (State Department)
- AILA Practice Pointers for Health Care Immigration Cases
- Foreign Physicians: Data on the Use of J-1 Visa Waivers Needed to Better Address Physician Shortages (GAO) (11-30-06)
- Foreign Physicians: Preliminary Findings on the Use of J-1 Visa Waivers to Practice in Underserved Areas (GAO) (5-18-06)
- J Waiver Extension/Expansion for Physicians (Public Law 108-441) – Signed into Law on 12-03-04
EXCEPTIONAL HARDSHIP AND PERSECUTION WAIVERS
- J Waivers Through Exceptional Hardship and Persecution
- Decision Finding “Exceptional Hardship” To Spouse Of J-1 M.D. (2/18/08)
CONRAD STATE 30 PROGRAMS
Each state has the ability to sponsor up to 30 physicians each year for J waivers. Almost all states sponsor primary care physicians, and many states sponsor specialists. Most states post their criteria for sponsoring J waivers for physicians online. Click on the name of the states listed below to access this information.
- Keys to the Conrad 30 Program by Carl Shusterman (Association of Staff Physician Recruiters)
- Conrad 30 Waiver Program (USCIS)
- State Conrad 30 Programs and Contact Information
- Conrad State 30 Program Usage
- USCIS eases visa restrictions for some foreign doctors (5-13-20)
Conrad 30 Web Sites:
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
- HHS Exchange Visitor (J-1) Program
- Exchange Visitor Program Frequently Asked Questions
- Supplementary Information – Supplement A (Researchers)
- HHS Application for J Waiver – Supplement B (Clinical Care Physicians)
- New Opportunities for Hiring Foreign Physicians in Shortage Areas (5-11-20)
VETERANS’ ADMINISTRATION (VA)
- Job Opportunities At The Veterans Administration
- Application For Employment For VA Jobs For Physicians
- VA Handbook for Requesting J Waivers for Physicians
- VA Handbook for Requesting J Waivers for Physicians
APPALACHIAN REGIONAL COMMISSION (ARC)
- ARC J Waiver Program
- Counties in Appalachia
- J Visa Waiver Affidavit and Agreement
- J-1 Visa Waiver Policy: Sample Notice
DELTA REGIONAL AUTHORITY (DRA)
SOUTHEAST CRESCENT REGIONAL COMMISSION (SCRC)
NORTHERN BORDER REGIONAL COMMISSION (Coming Soon)
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Carl Shusterman
Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.