A BRIEF OVERVIEW OF THE J-1 WAIVER AND H-1B PROCESS

This is a very brief overview of how a foreign medical graduate would be able to find a job here in America. This is all general information and should not be construed to be legal advice.

Foreign Medical graduates come to the U.S. on a J visa to complete their residency or fellowship training. These visas are issued with the intent that physicians return to their home countries with the knowledge and training acquired in America. Physicians with J visas must return to their home country for two years before being allowed to change to a different visa status. However, this two-year home residence requirement may be waived if the physician faces persecution in his home country, exceptional hardship, or (what is frequently done) through a request by an interested government agency.

At this time, government agencies willing to request waivers include the Department of Agriculture, the Department of Veterans Affairs, and the Appalachian Regional Commission. State departments of health are also allowed to request waivers of the foreign residence requirement. From one of these stages, the process moves to the United States Information Agency (USIA) which in turn would recommend or not recommend a waiver to the Immigration and Naturalization Service (INS). The INS then decides whether to grant the waiver.

Obtaining a waiver of the 2 year foreign residence requirement is only one step in the process. The other step involves obtaining an H-1B visa. The physician must submit a three year employment contract for full-time practice in a shortage area. The salary of the physician must be checked with local and federal Department of Labor authorities to make sure a prospective employer would be paying the doctor the prevailing wage. If the physician does not remain in the shortage area for three years, the two-year foreign residence requirement is once again imposed upon the doctor.

A prospective employer and physician should know that this is not a short process and could very well take several months to complete.