Massa Viana Law

J-1 Waivers

Waiving the 2-year residence requirement

The J-1 Visa is a non-immigrant visa issued to exchange visitors participating in programs promoting cultural exchange. Under INA §212(e), J-1 visa holders might be required to fulfill a two-year foreign residence requirement in their home country after their program in the U.S ends. A large proportion of physicians who enter the United States to pursue graduate medical training uses the J-1 visa.

A J-1 physician subject to the two-year home residence requirement may not obtain an H-1B visa, an L-1 visa, change non-immigrant status within the U.S., nor adjust status to permanent residency or obtain an immigrant visa without first returning to their country and spending a total of two years abroad.

Individuals can apply for a waiver of this requirement based on several grounds. Physicians are eligible for a waiver based on persecution, a waiver based on exceptional hardship to the physician’s U.S. citizen or permanent resident spouse or child; or one based on the favorable recommendation of an interested U.S. government agency (IGA). These are generally available only to physicians who providing clinical medical services to an underserved population for at least three years.

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FAQ

Frequently Asked Questions

Obtaining a waiver to the 2-year residency requirement ‘waives’ the limitations imposed, allowing J-1 physicians to apply for non-immigrant and immigrant visa options without first returning to their home country for two years. However, they must meet the eligibility criteria for the specific waiver.

J-1 physicians can obtain a waiver through three primary avenues: demonstrating a risk of persecution in their home country, showing exceptional hardship to a U.S. citizen or permanent resident spouse or child, or securing a recommendation from an Interested U.S. Government Agency (IGA).

An IGA waiver is secured through a recommendation from a U.S. federal government agency. It considers the physician’s role in clinical services or research that are vital to underserved communities or nationally significant scientific programs.

Physicians are generally excluded from obtaining a waiver through the “no objection” statement avenue, which is otherwise available to other exchange visitors.

Programs such as the Delta Regional Authority (DRA), the Appalachian Regional Commission (ARC), the Veterans Administration (VA), the Department of Health & Human Services (HHS), and the Conrad State 30 Program offer clinical service-based waivers.

What is the Conrad State 30 Program?

The Conrad State 30 Program allows states to recommend up to 30 waivers annually, helping J-1 physicians to serve in underserved communities within specific states. The number of waivers is fixed regardless of the state size or needs.

 

What are research-based waivers?

Research-based waivers are primarily facilitated through the HHS for J-1 physicians engaged in significant research projects, where their roles are indispensable and align with the national interest. HHS focuses solely on the physician’s indispensable role in a research project deemed to be in the national interest. It does not consider the physician’s teaching responsibilities or clinical excellence.

How does persecution waiver work?

A persecution waiver can be granted if a physician proves that they would face persecution due to race, religion, or political opinions in their home country.

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