J Waiver

Published on: March 25, 2024

Zneimer & Zneimer Helps Foreign Medical Graduates with Immigration Issues

The journey of foreign medical graduates to practice medicine in the United States embodies a challenging yet immensely rewarding pathway. From securing a visa to fulfilling residency requirements, FMGs navigate a web of regulatory and procedural hurdles, including dealing with ECFMG, USMLE, state licensing issues, and of course, immigration issues. In this landscape, understanding the intricacies of J waivers, H-1B visas, and the role of experienced immigration law firms like Zneimer & Zneimer becomes indispensable.

For many FMGs, the journey begins either with H-1B or with a J-1 visa. The J-1 visa comes with two years foreign residency requirements and ineligibility for H-1B visa or permanent residence until the two years foreign residency requirement is completed or unless the foreign medical graduate receives a J waiver. For those seeking to remain in the U.S., obtaining a J-1 waiver is crucial. This waiver allows FMGs to bypass the home residency requirement under certain conditions, such as serving in a medically underserved area. The complexity of these applications highlights the importance of having seasoned immigration attorneys to guide FMGs through the process. Our law firm is very experienced in all types of J waivers.

The H-1B visa serves as another mechanism for FMGs aspiring to practice in the U.S. but not all residency programs file H-1B petitions for their medical residents. Unlike the J-1, the H-1B does not inherently require a return to one’s home country after training. It permits FMGs to work in the U.S. for up to six years, offering a potential pathway to permanent residency. The annual cap on H-1B visas and the lottery system make it a competitive and uncertain process, except for those foreign physicians who work for cap-exempt entities. Expert legal guidance becomes invaluable in navigating this complex landscape and maximizing the chances of a successful application.

At the heart of the journey for many FMGs is the support and expertise of immigration law firms, among which Zneimer & Zneimer stands out for its dedication and success in assisting FMGs. Our clients stay with us from the start of their medical residency throughout the day they become citizens. With years of experience, Zneimer & Zneimer has developed a deep understanding of the unique challenges faced by FMGs and tailored strategies to overcome these obstacles. Whether it is strategizing for J-1 waivers, filing H-1B petitions, or navigating the green card process, Zneimer & Zneimer provides comprehensive support to FMGs at every step of their journey.

What sets Zneimer & Zneimer apart is not just its expertise in immigration law but its genuine commitment to the success and well-being of FMGs. Recognizing the critical role of FMGs in addressing healthcare shortages across the U.S., Zneimer & Zneimer takes pride in facilitating the integration of these highly skilled professionals into the U.S. healthcare system. The firm’s extensive experience, coupled with a personalized approach to each case, ensures that FMGs have the best possible representation and advice. Continue reading →

Published on: January 29, 2023

Navigating the J-1 Visa Waiver Process: A Brief Information Sheet for Foreign Medical Graduates

By Zneimer & Zneimer, P.C.

The Chicago Immigration J Waiver Lawyers remind employers that the fiscal year for the Conrad-30 J waiver application starts on October 1, and that it is never too late to begin the waiver process.

A J-1 Visa Waiver, is a waiver of the two-year home country physical presence requirement for foreign medical graduates (FMGs) who enter the United States on a J-1 visa. This requirement states that FMGs must return to their home country for two years before they can apply for a green card or other non-immigrant visa. The J-1 Visa Waiver allows FMGs to apply for a waiver of this requirement if they are able to secure a job in an area of the United States that has been designated as having a shortage of healthcare professionals, and if they agree to work in that area for three years, at least 40 hours of week, and provide medical clinical services.

The main ways of obtaining a J-1 waiver are:

-Conrad 30 Waiver program, which allows states’ departments of health to sponsor up to 30 foreign medical graduates (FMGs) per fiscal year for waivers of the two-year home residency requirement.

-DHHS Waiver Program, which acts as an interested government agency for primary care physicians who agree to work in medically underserved areas. This program provides sponsorship only for physicians who will practice in primary care and who has graduated from a primary care residency recently (less than one year ago)

-Other interested government agencies (IGA) programs (Delta Regional Authority, Appalachian Regional Commission , which allow FMGs who agree to work within the area covered by the federal government agency for a specified period of time to obtain waivers of the two-year home residency requirement. Continue reading →

Published on: May 21, 2020

HHS opens J-waiver program for any facility with HPSA Score of 7 or above

By Zneimer & Zneimer, P.C.

The Chicago immigration attorneys of Zneimer & Zneimer follow closely regulatory changes in the J waiver process and learned that recently the U.S. Department of Health and Human Services (HHS) has revised its guidelines for J Waivers for physicians subject to the 2-years foreign residency requirement. HHS will now process applications for waivers from any facility in or with a health professional shortage area (HPSA) score of 7 or higher for foreign physicians to practice in a primary care specialty (family medicine, general internal medicine, general pediatrics, obstetrics & gynecology) or general psychiatry.

HHS acts as an Interested Government Agency (IGA) on behalf of foreign physicians subject to the 2-years foreign residency requirement who agree to work for 3 years in certain areas. Previously, the HHS only processed applications for facilities which were either:

A health center as defined under Section 330 of the Public Health Service Act, and which is receiving a grant from the U.S. Health Resources and Services Administration under this section;
A rural health clinic as defined under Sections 1102 and 1871 of the Social Security Act; or
A Native American/Alaskan Native tribal medical facility as defined by the Indian Self-Determination and Education Assistance Act (P.L. 93-638)

Continue reading →

Published on: January 25, 2019

Delta Regional Authority Provides an Alternative Path to a J-1 Visa Waiver

By Zneimer & Zneimer, P.C.

International physicians who are in J-1 status in the United States become subject to 2 years home residency requirement. Physicians wishing to remain in the United States may be eligible to apply for a J-1 Visa Waiver if an Interested Government Agency agrees to recommend them for the waiver. Through this waiver, a physician may remain in the U.S. under a commitment to work for at least 3 years in a medically underserved area or the Veterans Administration. J-1 Waiver is a prerequisite for foreign physicians to begin their path to permanent residency as without the waiver they would be inadmissible.

Physicians will work with the U.S. Department of State, USCIS, and their local health agency in order to request the J-1 Waiver. The U.S. State Department permits any US government agency to request a waiver. Some agencies have special programs to sponsor doctors. In many cases, this agency will be a state health department. Agencies sponsoring applicants for J-1 Waivers are known as Interested Government Agencies (IGA).

Of the major governmental agencies that sponsor J-1 Waivers, the Delta Regional Authority (DRA) is recognized as independent, and is unlimited in number of physicians they can recommend to receive waivers. By contrast, the Conrad State 30 Waiver Program (administered in Illinois by the Center for Rural Health – Illinois Department of Public Health) recommends only 30 physicians per year to receive waivers.

The Delta Regional Authority sponsors both primary care physicians (including “general or family practice, general internal medicine, pediatrics, obstetrics/gynecology, and psychiatry) and specialty medicine physicians. (For specialty medicine physicians, DRA requires additional documentation.) It serves communities in the Delta Region of the U.S., spanning Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee. In Illinois, the DRA serves 16 counties in the state’s southern region.

Through the Delta Doctors Program, the DRA places physicians in Health Professional Shortage Areas, Medically Underserved Populations/Medically Underserved Areas, and Mental Health Professional Shortage Areas which are located within its service counties. However, the DRA will consider applications for J-1 waiver placements if the employer can prove that the communities of a location outside of the established service areas will be better served.

Full-time, primary care physicians in rural clinics in this region are eligible for J-1 Waiver requests by the Delta Doctors Program. The DRA provides comprehensive information of the process on their website . It is advisable to read the J-1 Visa Waiver Program Guidelines, found above, in its entirety. Applicants must follow all specified guidelines and submit the packet, in duplicate, to the DRA. The non-refundable filing fee for the J-1 Waiver application is $3,000.00. If an application is withdrawn within 20 days after it is received by the DRA, the applicant will be issued a 50% refund. Continue reading →