By Alison Hitz and Julie Rheinstrom
While the temperature may be cooling, the J-1 waiver season is heating up! The J-1 waiver program may be a great fit for any healthcare employer that has had difficulty recruiting physicians.
Foreign physicians who undergo their residency or fellowship training in the US often do so in J-1 status, which requires that they return home for two years before they are eligible for an H-1B visa or a green card. Such physicians may waive the two year home residency requirement by submitting a J-1 waiver application through a state department of health (Conrad State 30 program) or a federal agency (Appalachian Regional Commission, Delta Regional Authority, Health and Human Services, and the Department of Veterans Affairs) in exchange for a commitment to work for three years in a medically underserved area or treating an underserved population. Each state department of health may grant up to 30 waiver slots per year, and the eligible federal agencies can grant unlimited slots.
Each state has different requirements and deadlines. Some states, like Texas, have already closed their programs, whereas others are only now beginning to accept applications. Additionally, certain states are more competitive than others. In recent years, New York has received 60+ applications for their thirty slots. Other programs, such as those in Nevada and DC, rarely or never fill up. Some states will only accept applications for physicians working in federally designated Health Professional Shortage Areas (“HPSAs”) and/or Medically Underserved Areas/Populations (“MUA/Ps”), while some reserve “Flex” slots for physicians working in non-designated areas but treating underserved patients. Finally, the process by which the state programs approve cases differs. Some states utilize a “first come first served” model, others prioritize primary care and certain specialties over others. It is important to work with an immigration attorney who is knowledgeable about the various rules and differences between the programs to give yourself a better chance of a successful outcome. Clark Hill attorneys have numerous years of experience with J-1 waivers and can file a case for you with any US state, territory, or federal program.
This is a multistep process, and we highly recommend that interested employers or physicians get started on the J-1 waiver application as early as possible. If you are looking to onboard a 2020 graduate this summer, now is the time to contact an attorney and get started on the J-1 waiver application.