J-1 Waiver​

​

Often, International Medical Graduates (IMGs) obtain J-1 visas to come to the U.S. to do their residencies and fellowships.  If so, they are compelled to return to their countries for a minimum of two years once their training is completed. Generally, International Medical Graduates who do medical residency and fellowship programs in the U.S. are subject to this requirement and must either return to their home country for two years at the conclusion of their J-1 program or find some means to waive the requirement.  Without satisfaction or waiver of this requirement, the J-1 exchange visitor will be unable to change status within the U.S. to most other statuses, obtain an H, L, or K visa in most cases, and obtain U.S. permanent residence. 

​

J waivers for physicians are generally sponsored by an Interested Government Agency (IGA), either a state Conrad 30 program or a Federal agency.  

​

The Conrad 30 State program provides waivers only for J-1 physicians subject to the 2-year residency requirement due to their participation in graduate medical education.  These waivers are available for doctors who agree to work in Health Professional Shortage Areas (HPSAs) or Medically Underserved Areas (MUAs) for a minimum of 3 years.   The Conrad waiver program makes it possible for every state (as well as the District of Columbia, Puerto Rico, and Guam) to sponsor up to 30 J-1 physicians per fiscal year. The program has been essential in reducing severe physician shortages in the U.S. medical system.  Every state may request a waiver for a clinician who agrees to practice full-time for three years in an underserved area as designated by the U.S. Department of Health and Human Services. 

 

There are also a few Interested Government Agencies (IGA) that similarly sponsor J-1 physicians who will work in shortage areas, namely the Delta Regional Authority, the Appalachian Regional Commission, the U.S. Department of Health and Human Services (clinical waiver), the Department of Veterans Affairs, Southeast Crescent Regional Commission and Northern Border Regional Commission. The state or the IGA will forward its waiver recommendation to the Department of State.

​

A smaller number of J waivers are obtained if it can be shown that the physician would be subject to persecution if he had to return to his home country on account of his race, religion, or political opinion or if a doctor can demonstrate that his spouse and children who are either U.S. citizens or green card holders would suffer “exceptional hardship” if he were forced to return to his/her home country for 2 years. The no-objection waiver is not available for J-1s engaged in graduate medical education. 

​

A J-2 waiver is also available directly through the Department of State when the J-1 spouse dies, the J-1 and J-2 spouses divorce, or the J-2 child turns 21.