J-1
Visa Waiver Frequently Asked Questions
Question: What is the Conrad State 30 Program, and has there been updated legislation to this program?
Answer: On January 12, 2007, the President signed Public Law No: 109-477 that would extend for two years the State 30/J-1 Visa Waiver program, which allows state health agencies to annually hire up to 30 foreign physicians to practice in rural and inner-city communities that often have difficulty recruiting physicians.
Sen. Kent Conrad (D-N.D.) introduced a Senate version of the reauthorization bill, the "Conrad State 30 Improvement Act" (S. 2672), on Feb. 27, 2008. The Senate bill would permanently authorize the Conrad 30 program with a number of reforms designed to direct more physicians into underserved areas. The current authorization for the Conrad 30 program is set to expire June 1, 2008. The Senate Judiciary Committee is still working on this reauthorization.
On May 22, 2008, H.R. 5571 passed the House, and is being read and referred to various committees. It is hoped that this will reauthorize the Conrad State 30 J-1 visa waiver program until June 1, 2013. In response to recommendations by the AAMC, the legislation also expanded from 5 to 10 the number of "flex slots," which allow states to place non-primary care international medical graduates in areas outside of federally designated health profession shortage areas - often academic medical centers.
On June 12, 2008, Mary Amundson, from the University of North Dakota Center for Rural Health, provided testimony to the SubCommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. Her comments on sustaining rural community access to physicians explains the current state of access to rural health care, citing statistics on declining rates of medical students choosing family medicine and warnings of physician shortages.
The Conrad State 30 program was initiated in 1994 and was designed to provide each of the fifty U.S. states up to 30 waivers for physicians each federal fiscal year. Each state has been given some flexibility to implement its own guidelines, but there are some basic requirements that are common to all State 30 programs. For physicians who qualify, the State 30 program is an excellent method of obtaining a waiver. Each Conrad 30 state typically has their own application materials that are separate from the DHHS program and the DOS application for waiver. Interested parties should contact the program in their state of intended employment for more information.
While the exact requirements vary from State to State, the following is generally required:
a. A full-time offer of employment (40 hours per week) as a primary care physician in a medically underserved area in a particular State;
b. A letter of support from the particular State Director of Health supporting the physician's state 30 request;
c. A 'no-objection' letter from the foreign physician's home country, if needed; and
d. A three-year employment contract.
This program is an important source of qualified physicians for underserved rural areas. The enacted legislation contains the following provisions.
- HHS will maintain authority to designate Health Professional Shortage Areas (HPSAs).
- A nationwide pilot program (open to all states) to allow states the flexibility to place up to five of their 30 state J-1 physicians in an area not designated as a HPSA, provided the facility serves individuals residing in a HPSA.
- The federal (HHS) J-1 waiver program will be exempted from the H1-B visa cap.
- The federal (HHS) J-1 waiver program will be applied to specialists as well as primary care physicians. In order to receive a waiver for a specialist, a sponsoring agency must determine the area to be served has a shortage of that particular specialty.
Question: What is a J-1 Visa?
Answer: The J-1 Visa allows an international medical graduate to come
to the United States under an educational exchange program for up to seven
years. When the visa expires, the physician must return to his/her
own country for at least two years before applying for a permanent
visa in the United States. J-1 Visa categories include Physicians, Professor & Research Scholar, Trainee, International Visitor, Government Visitor, College & University Student, and Short-Term Scholar.
The basic requirements in order to apply for a J-1 Visa are:
- Participants must have sufficient funds to cover all expenses
or must have a sponsoring organization that will provide full
support.
- Participants must have the required education for the particular
program they are entering.
- Participants must have a good understanding of the English
language, or must be entering a program for non-English speakers.
Question:
How do I apply for a J-1 Visa?
Answer:
Applicants for visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.
Many forms are needed, including Form DS-156, DS 2019, Form DS-7002, Form DS-158, Form DS-157, a passport with a validity date of at least six months from
the end of the intended stay, passport-style photograph, Form IAP-66, demonstrable ties to a residence in a foreign country, and a promise/statement that applicant is coming to the United States for a temporary
period. Information on obtaining a J-1 Visa is available at the U. S. Department of State Exchange Visitor (J) Visa website.
Question:
What is a J-1 Visa Waiver?
Answer:
Normally, the physician must return to his/her own country for at
least two years before applying for a permanent visa in the United States.
A J-1 Visa Waiver eliminates the two year home residency requirement,
allowing the physician to remain and practice in the United States. State
government agencies may also sponsor a J-1 Physician waiver requests
which are called Conrad State 30 programs. (See What
is the Conrad State 30 Program?)
There are five statutory basis upon which you can apply for a waiver
of the two-year foreign residence requirement:
- a no objection statement from your host government, if needed, referred to as a No Objection Letter - takes an average of four months
- a request from an interested U.S. Government agency on your
behalf, referred to as an International Government Agency Waiver - takes an average of four months
- a claim that you will be persecuted if you return to your country
of residence, referred to as an Asylum Waiver - takes an average of nine months
- a claim of exceptional hardship to a U.S. citizen or permanent
resident spouse or child if you are required to return to your
country of residence, referred to as a Hardship Waiver - takes an average of nine months, and
- a request by a designated State health agency or its equivalent - takes an average of five months.
There is a processing fee of $215 per applicant. It must be paid in a U.S. currency cashier’s
check or postal money order drawn on a U.S. financial institution.
The check should be made payable to “U.S. Department of State.”
Send the cashier’s check or money order to: U.S. Department
of State, Waiver Review Division, P.O. Box 952137, St. Louis, MO
63195-2137.
Question:
How do I apply for a J-1 Visa Waiver?
Answer:
You can complete and print your J Visa Waiver Recommendation Application (Form DS-3035) online at Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e). All official forms needed are also available online, including Form DS-3035.
Full application instructions are available at Instructions for Applying for the State Department's Recommendation on a Request for a Waiver of the INA 212(e) Two-Year Foreign Residence Requirement Pertaining to J-1 Exchange Visitors.
For further information, see:
WAIVERS OF INA 212(e) - Frequently Asked Questions
U.S. Citizenship and Immigration Services - provides information on how to get a waiver.
Exchange Visitor Program - there you'll find announcements, guidelines, application, and list of supporting documentation.
Question: Why is the J-1 Visa program so important to rural health?
Answer: The J-1 Visa Waiver program has been instrumental in maintaining access to healthcare in many rural communities when other recruitment efforts have failed. Since the J-1 Visa Waiver is contingent on the physician working in a HPSA or MUA, the program produces a win-win situation for the doctor and the community. The physician is able to stay in the United States to practice and an underserved community gets a much-needed doctor.
Question: How can a rural community recruit a J-1 physician?
Answer: To learn about the Conrad State 30 program in your state, contact your state's Primary Care Office (PCO). The PCO can help you determine if your community is eligible to recruit a J-1 physician, assist you in deciding whether pursuing a J-1 Visa Waiver is right for your community, and guide you through the recruitment process.
Another resource that can help you in your recruitment efforts is the National Rural Recruitment and Retention Network (3R Net), which is a network made up of state organizations. 3R Net helps match health care professionals and rural practice opportunities. The 3R Net website lists contact information and J-1 employment opportunities for each state. Your job openings can be posted on this site to increase your chances of finding an appropriate candidate.
Question: What is a H1-B Visa?
Answer: The H1-B visa is a non-immigrant visa, which allows a U.S. company to employ a foreign individual in a specialty occupation.
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health,
professional nurses entering the U.S. to perform complex job duties or supervise nursing operations
education, business specialties, accounting, law, theology, and the arts are specialty occupations.
Question: How long is a H1-B Visa valid?
Answer: The H1-B visa is valid for three years for the first time, you can then apply for an extension of another three years. After that time an alien must remain outside the United States for one year before another H1-B petition can be approved.
Question: How does one apply for a H1-B Visa?
Answer: An individual may not apply for H1-B visa. H1-B status requires a sponsoring U.S. employer. A U.S. employer has to sponsor the H1-B petition to employ a foreign professional. An employer may apply by filling out the following -
Fill out Form ETA-9035 - with the Regional Department of Labor office. Through this application your employer assures the DOL that he/she will provide you with fair salary and equal benefits which are provided to a U.S. citizen. It also states that it was not able to find any U.S. citizen who was qualified for the position.
Fill out Form I-129 -
Petition for Nonimmigrant Worker.
When it is approved, the employer or agent is sent a notice or approval Form I-797 and a copy of it is forwarded to the American Consulate.
For further information, read more about the H1-B Visa.
Question: Is a J-1 Visa Waiver an option for a dentist who was educated outside the United States and wishes to obtain a dental license in the U.S.?
Answer: If the dentist is from a country that doesn’t object and there was no U.S. government funding, the case can usually be pursued. The grounds for a J-1 Visa Waiver for dentists are different than for physicians. For instructions on the waiver process, please see Instructions for Applying for a Waiver of the Two-Year Foreign Residence Requirement Pertaining to Exchange Visitors on the J-1 Visa.
For further information on international dentists who wish to receive their U.S. licensure, please see the document U.S. Licensure for International Dentists, which has been published by the American Dental Association. This document also contains information on state licensure, educational opportunities, and contact information for dental schools, boards, and agencies.
Credits
Last revised 05/01/2008
