J1-WAIVER BASICS

What is meant by a "J1-Waiver" for Foreign Medical Graduates / Doctors / Physicians ?

This is one question that's increasingly weighing on the minds of IMGs hoping for residencies in US. Awrite, lets attempt to answer this one as simply as possible. Under the J1-visa agreement, once the J1-visa status expires (i.e. you are done with your J1 residency and did not enroll into a fellowship OR your J1 Fellowship got over) , a foreign medical graduate (FMG / IMG) is required to return to his or her HOME country (unlike H1B where it can be ANY country for 1 year) for a period of 2 years before becoming eligible to practice again in the USA. However, under certain circumstances, this official requirement can be "waived" i.e. abolished / discounted / defered AND the physician is granted permission to stay and work in the USA on a DIFFERENT visa type.

What are the conditions for a J1-Waiver? [sounds like some silver bullet to escape the J1 werewolf, aint it ? ;-)] :

1. If the physician secures a "J1-Waiver Job" at a government facility in a "designated medically underserved area". These areas are also called as MSUs (Medically Underserved Areas) OR HPSAs (Health Professional Shortage Areas) ! These jobs are provided under various programs such as the 'CONRAD 30 J1-Waiver Program' which grants 30 waiver job positions PER STATE PER YEAR in the USA. As an example, have a look at the J1-Waiver application process for the state of New York - Click Here. But there are other agencies that sponsor J1-waiver jobs too, as explained Here

2. Marrying a US citizen DOES NOT grant you a J1-waiver automatically BUT if a J1-Visa holding physician can demonstrate that a return to his/her home country will cause undue physical or medical hardship to his/her U.S. citizen OR permanent resident spouse OR child, a waiver MAY be granted. (Called 'Hardship Waiver')

3. Those who have suffered persecution in their home country (Wars, Rebels, Etc.) MAY be granted a J1-waiver.

4. A No-Objection certificate from the Home Country government can also result in a waiver from the home country residency requirement - but unfortunately this is not allowed for graduate Medical Education J1 ..i.e. J1s for Residencies and Fellowships


Once a J1-waiver is obtained, What Visa type can a Physician stay on ?

According to the federal law, most foreign physicians who have received a J-1 waiver Job need to stay in H1-B status for THREE YEARS before filing for a green card. FMGs / IMGs must have this H1B visa stamped outside USA.

In other J1-waiver circumstances mentioned above, the physician may be allowed to directly apply for and work on a green card status.

I would like to maintain reservations about how easy or tough it is to get waiver jobs, thus if you are keen on settling in the US, try your best shot for the H1B visa for your residency - which implies have your step 3 scores ready !! On the other, hand we don't know what policy changes and changes to the J1-program and H1Bs to expect, as physician shortage continues to haunt the rural areas in the USA. Here's an interesting article to read.


Note: Not ALL J1 Visas have the 2-year Home country requirement. Click Here to Read more!


Are J1-Waiver Jobs available for All Specialties ?

That depends on the type of sponsoring agency for the waiver jobs - as I have explained in another post - Click Here. Though most J1-waiver jobs are in the domain of Internal Medicine, Family Practice, Psychiatry, Dentistry, Pediatrics and Obstetrics-Gynecology, many states will hire other specialties from time to time depending on the requirements ! The website 3RNet.org displays these requirements.



How do I find out exactly which areas of a particular state are designated as Underserved ? (i.e. MSUs or HPSAs)

Fortunately, the US Goverment maintains an online, updated database of such areas, for free access to all. Click on this link : http://hpsafind.hrsa.gov/



Q. After applying for a waiver, how do I track the status of my application ?

Use the US State Department J1-Waiver Tracking system !
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