(1) Note that not all J1 visa holders are subject to the two-year home
residency (HRR) requirement. Examine your IAP-66 form (bottom left corner) and
the visa stamp in your passport.
Generally exchange visitor PHYSICIANS are subject to the two-year foreign residence requirement if they acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.
Q: On what grounds can I get a waiver of the two-year foreign residence requirement?
A: Exchange visitors who are subject to, but do not wish to comply with, the two-year home country residence requirement, may apply for a waiver of that requirement under any one of the four applicable grounds provided by the United States immigration law.
1) A request from an interested U.S. Government agency or IGA on your behalf, referred to as an International Government Agency Waiver - takes an average of four to eight weeks
2) Request by a designated State Department of Health, or its equivalent foreign medical graduates who have an offer of full-time employment at a health care facility in a designated health care professional shortage area, and who agree to begin employment at the facility within 90 days of receiving such waiver, and who sign a contract to continue to work at the health care facility for a total of 40 hours per week and not less than three years, may apply for a waiver.Takes average 6-8 weeks
3) Exceptional hardship to self or United States citizen (or permanent resident) spouse or child of an exchange visitor Seems ;seems to imply that you
or your spouse are on their deathbeds, with treatment only available in the
United States. Mere career inconvenience to spouse, even if U.S. citizen, does
not seem to matter. (After all, the spouse should have known about this
before getting married...)
Have to prove that hardship will exist in both
cases (separation and moving to the home country together)Takes 3-4 months
4) political persecution if you return to your country of residence, referred to as an Asylum Waiver - takes an average of five months
Q. Which U.S. Government agencies can apply for the waiver on behalf of foreign medical graduates?
A. Appalachian Regional Commission,Department of Veterans Affairs ,Delta Regional Commission, HHS Clinical Waiver Program, and US Mexico Border Health Commission. Foreign medical graduates may also apply through an individual State's department of health that participates in the Conrad State 30 program.
Q:When would be the best time to sign on a contract ? In another words, when would be the best time to apply for J1 waiver approval to DOS?
A:Early, try to have a year for the entire process. The contract is the first step.
Before applying for J1 waiver to DOS, you need an IGA letter that your job-to-be is in public interest. (However you may apply to DOS to get a case number). The process works in a sequence like this -
(i)apply to IGA (interested Govt Agency) >>>> public interest letter issued >>>> IGA sends the recommendation to DOS with copy to you >>>> DOS recommends waiver to USCIS >>>> USCIS grants the FINAL Waiver
(ii) apply for H1B. {can be done at any time during or after (i)}
Q: How long does it take to receive a J-1 Waiver case number?
A: I got my case number in two weeks. Q: Where do I get a case number
A: http://travel.state.gov/visa/DS-3035.pdf
Q: How to check on status of your J-1 waiver case?
A: You can see your case status online at http://169.253.2.79/
Enter your case number and you will see the latest status of your application.
Once you get your I-612 receipt, check here for your USCIS processing dates (find your service center and look for I-612)
You may also call the automated telephone system at 202 663-1225 to receive the same status information.
Q: How about paying recruiters /"scalpers" to get a J-1 jobs? A: I would advise to be very careful, especially after the recent
experiences of some. If you got to pay anyhow, have a deal that
will pay about 20% down and make sure further payments will be only
after you get the waiver in hand!! The lists of Underserved areas
is dynamically being updated every day, that if you pay up 100% to
a recuiter up front, by the time your paperwork is filed, you will
be in for a surprise and the recruiter would not even return your
calls!!!
Q: If I had a state license and J1 waiver approval letter from DOS, when would be the earliest time for applying for HIB visa before graduation?
A:You may use premium processing and get H1B approval in 15 days. So not a big issue.
(if you will apply for change of status from your J1,( COS ),
then you can't file your H1B petition, I-129, earlier than 6 months before the intended job start date).
Q: Do I need a lawyer?
A: I will NOT recommend doing it by yourself (unless you have someone(spouse,etc) who will take care of the paperwork).
Attorney fees: for J1waiver+H1B : varies from $4000-8500 depending on the reputation of the attorneys. + overhead expenses (add another $1500) + $1000 for premium processing of H1B.
Make sure you hire an attorney who has done j1 waivers before. A good attorney DOES make a difference.
J1waiver with H1 is a long tedious process and your whole future depends on this process going smoothly. So be careful about whatever you decide to do.
Do file your NIW as soon as you get your paperwork done.
Q: If I am an exchange visitor physician and I plan to work in an underserved area in the U.S., what documents are required to obtain a waiver based on an interested U.S. Government agency application?
A: 1)Data sheet
2)Processing fee - cashier's check or money order for $230
3)IAP-66 forms
4)Curriculum vitae
5)Physician statement-A statement signed by the physician that should read as follows: "I,__________(name of exchange visitor) hereby declare and certify, under penalty of the provisions of 18USC.1101, that: (1) I have sought or obtained the cooperation of_______(enter name of U.S. Government agency which will submit/is submitting an IGA request on behalf of the exchange visitor to obtain a waiver of the two-year home residence requirement); and (2) I do not now have pending nor will I submit during the pendency of this request, another request to any U.S. Government department or agency or any equivalent, to act on my behalf in any matter relating to a waiver of my two-year home residence requirement." Statement must be signed and dated.
6)Form G-28 or letter from a law office if an attorney represents the applicant.
7)Two self-addressed, stamped, legal-size envelopes.
The interested U.S. Government agency will need to gather and send directly to the Waiver Review Division the following:
1)Letter of request from head of the agency, or designated official stating why it is in the public interest that the exchange visitor be granted a waiver of section 212(e) of the INA.
2)Signed contract for no less that three years and 40 hours a week between physician and facility.
3)Evidence that the clinic/facility is located in a U.S. Department of Health and Human Services designated Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA).
4)"No objection" statement from the visitor’s government only in cases where the foreign government funding is involved.
5)Facility statement - A statement signed by the head of the facility at which the foreign medical graduate will be employed stating the facility is located in a designated HPSA or MUA area and provides medical care to both Medicaid and Medicare eligible patients, and indigent uninsured patients. The statement should also include the Federal Information Processing Standards county code and census tract or block numbering area number (assigned by the Bureau of Census) or the 9-digit zipcode of the area where the facility is located.
6)Evidence that unsuccessful efforts were made to recruit an American physician for the position (medical journal advertisements; labor certification or language in cover letter stating efforts to recruit an American physician have been unsuccessful).
7)Department of Veterans Affairs requests on behalf of J-1 physicians to serve in VA hospitals.
1. VA hospitals do not have to be in an underserved area
2. Must include a memorandum of agreement between physician and a hospital in lieu of three-year contract.
*Q:May an H-1B petition be filed prior to obtaining a J-1 waiver?
A:[From Isidore Rigoutsos, rigoutso@watson.ibm.com] Yes. An H-1B petition may be filed up to six months prior to the time when the H-1B worker will commence employment. However, the application for change of status may not be filed until the State Department issues its waiver recommendation to the USCIS.
Q. How do I apply for a waiver based on a request from a State health agency?
A. The applicant
1)Data sheet
2)Processing fee: cashier's check or money order for $230
3)IAP-66 forms
4)Curriculum vitae
5)"No objection" statement from the visitor’s government in cases in which foreign government funding is involved.
6)Form G-28 or letter from a law office if applicant has an attorney
7)Two self-addressed stamped, legal-size envelopes.
The State health agency must gather and send directly to the Waiver Review Division the following:
1)A letter from the State health department’s designated official which states it is in the "public interest" that the exchange visitor physician remain in the U.S. and includes the following:
1. Exchange visitor’s name
2. Country of last legal permanent residence
3. Name of medical facility
4. Address of facility
5. U.S. Department of Health and Human Services designated Health Professional Shortage Area (HPSA) ID number of medical shortage area
2)A letter from the facility that wishes to hire physicians.
3)Evidence that the facility is in a Health Professional Shortage Area (HPSA) or a Medically Underserved Area (MUA)
4)A signed contract for no less than 40 hours a week for three years between the facility and the physician, with signatures of physician and head of the facility.
*Q .What are the approximate processing times?
A:No Objection waivers - 4-8 weeks
Interested Government Agency waivers - 4-8 weeks
State Department of Health waivers - 6-8 weeks
USCIS Processing time - 2 weeks
H-1B Premium Processing - 2 week
*Q: Who makes the waiver decision?
[from Henning Schulzrinne, hgs@research.att.com]
A: Department of State (DoS) recommends to INS, which generally accepts
recommendation, particularly negative ones.
Q: Does marriage to a US citizen help?
[from Henning Schulzrinne, hgs@research.att.com]
A: No. If the US citizen was dumb enough to marry a J1 visa holder,
her/his problem. (see 'extreme hardship' for unlikely exception).
Q. I am the J-2 spouse and/or child of a J-1 who is subject to the two-year home residence requirement.
Am I subject also?
A. Yes. A J-2 is subject to the same requirements as a J-1.
*Q: If an interested U.S. Govt. agency sponsors me, will I get a
waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
I am not aware of anyone who has been refused an IGA (Interested Govt.
Agency) waiver.
Q: How long does it take for me to obtain the waiver once I submit my
papers to the interested Govt. agency?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Approximately 4-6 months (There is no standard time frame though).
*Q: How often can I apply for a waiver?
[from Henning Schulzrinne, hgs@research.att.com]
A: Every six months.
Q: Do I need to submit additional documents to the INS for the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
No. Just sit back, relax and await the final letter from the INS.
*Q: How long does it take for the INS to grant the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Usually 4-6 weeks from the date the INS receives the DOS's
recommendation.
Q: Can I petition for change of status from J-1 to H-1 as soon as I
receive the
DOS's recommendation or do I need to wait for the final waiver from
INS?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
You don't have to wait for the final waiver from INS for petitioning
for the
change of status. You can do it as soon as you receive a favorable
recommendation from the DOS.
Q: Has anyone been refused a waiver by the INS after the DOS has made
a
favorable recommendation?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
I don't know of any such case. INS usually accepts the DOS's
recommendation.
Q: I am in J-1 status subject to the two year home country residence requirement, and it is now impossible for me to ob
tain a waiver of the 2-year home country service requirement. May I apply for O-1 status in U.S. to continue my research
project, instead of going back to my home country?
A: As a J-1 holder, you can change to O-1 visa, but you have to apply for an O-1 visa from a U.S. Consulate abroad, because you may not change to a non-immigrant status in the U.S. before you satisfy the two years home country residence requirement or obtain a waiver to the requirement.
Your employer needs to file an O-1 petition to the USCIS. Once the O-1 petition is approved, you need to apply for O-1 visa at a U.S. consulate abroad. After you obtain an O-1 visa, you can enter the U.S. without fulfilling the two-year residency requirement or getting a waiver of the requirement.
Obtaining O-1 visa does not mean that you are expempted from 2 year home country residence requirement.
Q: If I win a green card in a lottery, am I no longer subject to HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Once subject to the HRR, always subject. Therefore, even if you win the
lottery, you cannot change status to permanent residence until you
submit
evidence that either
(1) The 2yr HRR has been waived.
(2) You have served the 2yr HRR sentence.
*Q: What do I need to show after the two years to prove that I resided
and
worked in my home country?
[from Henning Schulzrinne, hgs@research.att.com]
A: Good question.
* bills, pay stubs, passports -- anything that proves your physical
presence
Q: Can I apply for H-1B, permanent residency, etc. while serving the
HRR?
[from Henning Schulzrinne, hgs@research.att.com]
A: Yes. The visa will be issued the day your two years are up. This is
particularly advisable for those who can get visas without labor
certification
(family preference). You can apply at the US consulate in your home
country.
Q: Can I visit the United States while serving my two-year sentence?
[from Henning Schulzrinne, hgs@research.att.com]
A: Yes, but the time is (supposedly) subtracted from your residence
time.
Vacation in a third country is o.k.
Q: Do I have to return to my home country?
[from Henning Schulzrinne, hgs@research.att.com]
In which countries may the two year foreign residence requirement be satisfied?
A: The two year foreign residence requirement may only be satisfied in the country of nationality or last permanent residence as indicated on Form IAP-66. If a citizen of one country and a permanent resident of a second country, you must satisfy the home residence requirement in the country of last permanent residence. These countries must be listed on the IAP-66. Note that in rare instances, the two-year foreign residency requirement may be waived because of the impossibility of compliance, such as some Palestinians with Egyptian Travel Documents.
Q: Does writing to your congress person help?
[from Henning Schulzrinne, hgs@research.att.com]
A: No, you just get a longer letter of denial.
Your congress person or senator can not give you a waiver but they
can help
to get answers from DoS or INS when your processing time is too long
Q: Does a J1 have any advantages?
[from Henning Schulzrinne, hgs@research.att.com]
A: Yes. Your spouse may work on a J2 visa during your stay after
getting
permission from INS. You are exempt from Federal Insurance Contributions Act (FICA) tax withholdings.