J-1 Waivers.

 

Some J-1 professionals are subject to the two-year home residency requirement, and require a waiver before being able to apply for an H-1B, or adjust status to a permanent resident. Options for waivers include:

IGA Waivers for physicians:

• Agreeing to work for three years in a specific area:
• Multiple agencies can support such an application (state, VA, HHS etc.)
• The employment must be full-time
• The location must be underserved, or in certain situations must show that the patients reside in underserved areas (flex waiver)
• The physician must work in H-1B status for the three years

Hardship waiver:

• Must have a qualifying relative (either US permanent resident or US citizen spouse or child)
• Must establish that there will be extreme hardship to the qualifying relative in fulfilling two-year home residency requirement

Persecution waiver:

• Must establish a well- founded fear of persecution in the home country on account of one of the following:
• Religion
• Race
• Political opinion

Hardship and persecution waivers can be pursued simultaneously with IGA waivers, however the waiver that is approved first controls. Under very limited circumstances will the DOS consider a second waiver application when a waiver is already approved.

**Note that only IGA waiver beneficiaries can change status to H-1B. An applicant who has had a hardship or persecution waiver approved, will have to exit the US to obtain future status such as an H-1B or O-1. The beneficiary may avoid having to leave the US if he/she is in a position to adjust status.

No objection waiver (not available for physicians who received clinical training):

Must obtain a “no objection statement” from the home country’s embassy, which in turn is forwarded to the Department of State. The Department of State will typically approve the waiver.

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Radu C. Vasilescu