J Waivers for IMGs

Former INS Attorney Carl Shusterman (1976-82) discusses the requirements for physicians who have received J waivers.  Also discussed are O visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

States require that IMGs pass certain tests and complete a medical residency program in the U.S. before they can qualify for licenses.

US immigration laws compel thousands of IMGs to obtain “J-1″ visas in order to pursue medical residencies and fellowships in the U.S. By law, any IMG who uses a J-1 visa for this purpose is subject to the 2-year foreign residency requirement.

The law provides that the 2-year residency requirement may be waived under the following circumstances:

1) If the IMG can demonstrate that he cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion or political opinion;

2) If the IMG can prove that returning to his country would result in “exceptional hardship” to his spouse or children who are U.S. citizens or permanent residents; or

3) If the IMG is sponsored by an “interested governmental agency”.
Because waivers based on persecution or hardship are rare, most IMGs who seek waivers do so by searching for an interested governmental agency to sponsor them.

Typically, these IMGs will obtain an offer of employment in a Health Professional Shortage Area (HPSA) or in a Medically-Underserved Area (MUA) for a minimum of 3 years and will apply to either the State's Conrad 30 Program or a Federal Interested Governmental Agency (IGA) for a J waiver.

For additional information regarding the J waiver process, and for links to websites of the Conrad 30 and the Federal IGA programs, please see http://shusterman.com/jwaiversfordoctors.html