J1 Physician Waiver: Everything You Should Know

It is well known that the J1 physician waiver visa remains problematic for many foreign physicians that plan on relocating to the United States. If you hold this type of visa, it means that permanent residence is not an option for you. Still, there are some exceptions to the rule—one of them being the J1 physician waiver process.

This article will go over valuable information regarding the waiving process, the requirements, specifics, and other important information regarding the J1 physician waiver.

Are There J1 Waivers for Physicians?

At the end of your studies, the possibility of extending your stay in the U.S. is rather limited, unless you consider the J1 physician waiver program. Such a program means that, as a physician, you no longer have to go back to your home country for at least two years before getting your residency.

For the J1 physician waiver, the home country is characterized as your permanent residence. This is clearly stated in the Immigration Act, section 212 (e). Still, this two-year requirement might be waived, given specific circumstances. This can be done via different programs.

Physician Waiver Programs

• The U.S Department of Health and Human Services (HHS) takes the responsibility of organizing all the clinical aspects of this visa program. In this scenario, there are two potential waivers. For one thing, if there is an increasing demand for proficient healthcare services, the 2-year timeframe could be waived. The second scenario is if an agency researches and determines that the skills of the J1 visa holder are required.
• The Conrad-30 J-1 Waiver program – This is one of the most prominent options for J-1 visa holders. In every state, there are 30 waivers allowed per year.
• Delta Doctors Program – Applicable in eight different states, as follows: Illinois, Alabama, Mississippi, Arkansas, Kentucky, Tennessee, Louisiana, and Missouri.
• The Appalachian Regional Commission (ARC) – This particular J1 physician waiver program is available in the following states: West Virginia, South Carolina, Ohio, Virginia, Tennessee, North Carolina, Maryland, Georgia, Alabama, New York, Kentucky, and Pennsylvania. As a physician, you are granted a waiver if you practice medicine in your chosen expertise for three years, at the very least. Usually, physicians are required to practice in rural Appalachian areas where there is a lack of trained health providers.

J1 Physician Waiver Requirements

In essence, in order to obtain a J1 physician waiver, one has to meet some essential conditions. We will outline them below.

• First, as a healthcare provider, you are required to work full time on an H – 1B nonimmigrant status. This status can be obtained by those who come to the United States on a temporary basis in order to work in their chosen career. This entails the following: you need to be hired. Concurrently, the U.S. Department of Health and Human Services usually directs individuals to precisely where there is a need for certified personnel. Changing your visa status is, of course, possible, but can be a time-consuming process.
• As a doctor, you have to work under a contract provided by your employer. In order for the contract to be certified, the healthcare facility must be distinguished as a medically underserved population, medically underserved area, or a professional shortage area.
• The government of your home country will have to send out a no objection letter. However, this condition applies only if you are financially supported by your home government.
• After completing all these steps, you must agree to start your work at the given medical facility. You have to do that within 90 days after the two-year waiver receipt. In regards to the first day of employment, it can’t be the same as the expiration date of your J1 visa.

Conrad 30 Waiver Program

The Conrad 30 Waiver Program addresses the shortage of medical practitioners in underserved areas. In spite of the fact that each state has its own laws concerning J1 physician waiver programs, there are still some elements that apply in most scenarios—such as in the case of the application process.

Conrad 30 Waiver Program Application Process

• You should be sponsored by a state health department.
• Fill out the necessary forms for the application—namely the U.S. Department of State (DOS) Form DS-3035, J-1 Visa Waiver Review Application.
• Afterward, the state health department that accepted to hire you will have to redirect the completed application process to the Department of State Waiver Review Division.
• For a recommendation, it is absolutely compulsory to submit it to the division. UCIS will make the final decision of whether your J1 physician waiver application is approved or not.

J1 Waiver for Physicians—International Medical Graduates (IMG)

International medical graduates (IMG) have experienced numerous challenges over the years. Regardless of the fact that they attained their medical residency in the U.S., the laws and codes tend to be rather complicated.

This is primarily why, since the 1990s, federal/state agencies, as well as hospitals and other temporary groups, have taken steps to resolve this. That is to say, international medical graduates have typically been granted permanent residence or temporary work visas.

IMG Requirements for J1 Physician Waivers

When it comes to J1 physician waiver programs, it’s important to know the requirements for them. Most states in the United States indicate that international medical students have to fulfill their medical residency program. Only afterward can they be issued a license to practice.

At the same time, in spite of the 2-year foreign residency requirement, in some individual scenarios, international students can obtain a waiver. You can do that by proving that, if you had to return to your home country, your spouse and children—who are U.S. citizens—would experience significant financial hardship.

On a different note, if you suffer from persecution and discrimination due to your political opinion, race, or religion, you might still obtain a J1 physician waiver. Another scenario is getting sponsored by a governmental agency.

Sponsoring Agencies for IMGs

There are specific laws when it comes to sponsoring IMGs in the context of the 2-year home requirement. Accordingly, only agencies of the federal government had the possibility of sponsoring medical graduates. Nevertheless, these specifications met strong opposition in the mid-90s.

This is primarily why, at the moment, the state department of public health can sponsor IMGs in this manner. As for the process itself, it is lengthy, comprehensive, and a bit difficult to grasp. We advise you to check this resource as it addresses some of the most frequently asked questions on the topic.

Top 5 States for Obtaining a J1 Physician Waiver

Now let’s move our attention to the specifics of the J1 physician waiver for each given state. As we’ve mentioned before, different states have specific requirements. This means it pays off to do some research beforehand to understand the differences.

1.      New York

The state of New York aimed at granting immediate access to health services to all New Yorkers. In this way, the state has introduced the New York “State 30” Program, which aims at providing support to waivers.

One of the conditions is having to practice in a federally-designed underserved area. According to official regulations, every year, 30 waivers can be granted.

The New York State Department of Health takes the responsibility of reviewing each application. The decision is made if the applicant addresses the specified eligibility criteria. If selected, then the application will be redirected to the United States Department of State (DOS).

2.     Maryland

The goal of the Maryland Conrad State 30 J1 Visa Waiver Program is to recruit certified practitioners and use them in underprivileged areas. The responsibility of reviewing the applications falls to the Maryland Office of Workforce Development.

From that point onward, the office will make a range of recommendations as to where the international medical graduates can practice medicine.

It’s worth pointing out that the OPHI workforce development program will give priority to state rural counties, medically underserved populations, and medical practitioners that have proven their dedication to serving underprivileged communities.

3.     Virginia

As a non-citizen of the U.S., according to official federal laws, you can remain in the U.S. in spite of the two-year home physical presence requirement, granted that you will serve as a doctor in a designated area.

The Virginia Department of Health (VDH) agrees that underprivileged areas and populations should be served as well. In essence, this targets people’s access to primary health care. In regards to the maximum number of slots allocated, there are 30 in the state of Virginia.

4.    Connecticut

If you want to apply for a waiver in Connecticut, then you must consult with the requirements of the state.

The application should entail the following: a statement outlining the name of the facility, physician, and other personal information; a signed contract copy between the employment facility and the physician; copies of all DS-2019 forms; evidence that indicates the shortage area designation; and evidence pointing out that all efforts of recruiting U.S. residents to work in that specific area have failed.

5.     Florida

Is there anything different in the case of the Conrad 30 Waiver Program in Florida? Not quite—most of the specifications that apply to other states are also applicable here. That being said, the purpose of the program is to enhance people’s access to medical care while allowing international graduate students to practice their profession. Before transferring to a new medical facility, one has to get written approval from the department.

There are many J1 physician hospitals to consider working with. The best part is that the U.S. is home to an innovative healthcare system. This means there are many opportunities to be taken advantage of.

How to Get a J1 Physician Loan in the U.S. with Stilt

As an international graduate, you might be faced with many difficulties, some of which might require you to obtain a loan. Of course, your ultimate goal might be to become a permanent resident in the U.S., which is certainly achievable. But there are some steps you should follow first—as we outlined above.

Specifics Regarding Eligibility

The eligibility criteria for obtaining a loan with Stilt are as follows: You should have your primary residence in the U.S., a U.S. bank account is also mandatory, a legal visa, and a U.S. phone number and address. As you can see, it couldn’t be simpler than this.

Interest Rates

Another thing to note for international students is, evidently, the way in which Stilt interest rates are determined. The process is straightforward and to the point. Most importantly, the interest rates applicable to students aren’t higher than for anyone else.

Therefore, you aren’t placed in a disadvantageous position simply because you are a student. Education and work experience are factored in during the process, as well as your credit history, among other things. But the highlight is that there is no such thing as a minimum credit score requirement you have to meet.

Read More

• J1 to Green Card: How to Become a Permanent Resident in the U.S.
• Guide to Teacher Visas in the USA
• J1 to H1B and J1 to F1: How to Change Your J1 Visa Status
• Can a J1 Visa Be Extended?
• Guide to Jobs for Filipino Teachers in the USA
• How to Apply for a J1 Visa Waiver

Conclusion

As a non-US citizen, getting a loan might not always be the easiest task—quite the contrary. Not only that, but the J1 physician waiver process can be confusing and difficult to follow as well.

This is where Slit comes in, aiming to help international students in getting the financial help they need in order to settle down in the U.S. The eligibility criteria for their loans are lenient, which makes them appealing for people who are just at the starting point of their medical career.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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