The Other Immigration “Season:” Many State J-1 Waiver Programs Will Begin Accepting Applications on October 1
By: Sarah J. Baker, Esq.
Each year, much is made of the H-1B “season” when U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B visa petitions on April 1 for an October 1 employment start date. However, there is another much less publicized, yet important, immigration season that also deserves special mention: the Conrad 30 J-1 waiver program season.
Following the federal fiscal year, on October 1 each year numerous state departments of health begin accepting applications filed on behalf of foreign medical graduates (FMGs) to waive the two-year foreign residence requirement of their J-1 visa status. All FMGs who come to the United States in J-1 status to pursue graduate medical education are subject to this obligation, which requires them to return to their home country for a minimum of two years before applying for certain non-immigrant visas or seeking permanent residence in the United States.
Pursuant to the J-1 waiver program, each fiscal year state health departments and agencies can recommend up to 30 J-1 waivers for foreign physicians who are going to practice medicine in designated Health Professional Shortage Areas (HPSAs), mental health HPSAs, Medically Underserved Areas (MUAs), or serve Medical Underserved Populations (MUPs) 40 hours per week for a minimum of three years.
Below are some initial practical hints for FMGs to consider when evaluating their Conrad 30 J-1 waiver program options:
Before preparing and filing a waiver application with a state health department or agency, applicants must obtain a case number from the U.S. Department of State. The case number application fee is $215.00.
- Not all states begin accepting J-1 waiver applications on October 1. Some states, such as Texas, which began accepting applications on September 5 this year, operate on a different application cycle.
- Some states, such as South Carolina, require site approval, pre-authorization, or a slot pre-assignment before a waiver application can be filed on behalf of an FMG.
- Many states express a preference for the employment of primary care physicians under their Conrad 30 J-1 programs, and will not allow waiver applications for specialist physicians. For example, California will only consider J-1 waiver applications filed for primary care physicians, which are defined as “internist, family practice, pediatrician, psychiatrist, and OB/GYN.”
- Each state can recommend up to 30 waiver applications per application cycle. Some states, such as New Hampshire, will allow applications for physicians whose practice site is not located in a HPSA, mental health HPSA, MUA, or MUP but instead serves patients coming from designated HPSAs, mental health HPSAs, MUAs, or MUP regions. These are commonly known as “flex slots,” and states can grant up to 10 (out of 30) flex slots per application season.
- If the state to which you are applying does not accept flex slot applications, check and double-check (or have your attorney verify for you) that the practice site at which you will be working is located in a HPSA, mental health HPSA, MUA, or MUP.
- While many states do not, some states, such as Ohio and Texas, charge an application fee to process J-1 waiver applications. Ohio’s application fee is a whopping $3,571.00 and Texas’ is $2,500.00, for example.
- Not all states consider J-1 waiver applications on a “first-in-first out” basis. Some states prioritize applications based on the state’s need for particular types of physicians, or based on the merits of each application submitted.
- Obtaining a J-1 waiver is just the first step in fulfilling the terms of the waiver application. Employers of FMGs who are granted J-1 waivers will need to obtain an H-1B visa on behalf of the FMG so the physician can fulfill the three-year waiver service period in H-1B status.
- H-1B petitions based on Conrad 30 J-1 waivers are exempt from the annual H-1B “cap.”
For additional information and more practical tips on state Conrad 30 J-1 waiver programs, please view: “Practical Guide to Conrad Waivers: Thirty, … Two, One, Gone!”
Please also do not hesitate to contact a Wolfsdorf Immigration Law Group attorney for assistance evaluating your J-1 waiver options.
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