Chicago Immigration Lawyer Blog
At Zneimer & Zneimer P.C., our experienced immigration attorneys often guide physicians through the complicated process of moving from a J-1 visa waiver to a green card. Many physicians who secure a Conrad 30 waiver, DHHS waiver, or other J-1 waiver believe they can immediately apply for adjustment of status, but the law is clear that a J-1 physician must complete the full three-year service obligation before filing for a green card through adjustment of status.
Understanding this requirement is critical for avoiding delays, denials, and immigration complications.
Why Does the Three-Year Service Requirement Exist?
The legal foundation comes directly from the Immigration and Nationality Act (INA) and its regulations. According to the INA, a physician who received a J-1 waiver based on agreeing to serve in an underserved area may not apply for a green card until completing the required service. The INA specifically prohibits a J-1 waiver physician from applying for adjustment of status until completing at least three years of full-time employment in a designated shortage area.
Federal regulations bar J-1 waiver physicians from filing Form I-485 until the service is completed and require physicians to submit evidence proving that they have fulfilled the three-year commitment before adjustment of status can be filed.
In other words, physicians cannot adjust status while still working toward completion of their waiver service. Filing early will result in a denial.
Physician National Interest Waivers (PNIW): Is There an Exception?
Some physicians pursue a Physician National Interest Waiver (PNIW) to obtain permanent residence without employer sponsorship. However, even for PNIW applicants, the three-year service completion rule applies. Specifically, the National Interest Waiver for physicians requires:
- The physician to work full-time in a medically underserved area or a Veterans Affairs facility.
- The physician to complete either three or five years of service (depending on when the petition was filed).
- The physician must complete the required service before adjustment of status can be granted.
A physician applying for a PNIW may file the I-140 petition before completing the service. However, the Form I-485 adjustment of status application cannot be approved until the physician satisfies the full three- or five-year service requirement. USCIS will hold the I-485 pending until the service is completed. There is no exception that allows a physician who has not completed the service obligation (whether for a J-1 waiver or PNIW) to actually receive a green card through adjustment.
To summarize the NIW and J-1 waiver interaction:
Scenario Can Physician File I-140? Can Physician File I-485? When Can Adjustment Be Approved? J-1 Waiver, regular green card process (PERM or otherwise) After waiver granted, but only after completing 3-year service to file I-485 Only after 3-year completion After service completed Physician National Interest Waiver (PNIW) YES, I-140 can be filed before finishing 3 or 5 years Maybe: can technically file I-485 if visa bulletin is current, but it will not be approved until service is completed Only after the full service is completed
Bottom line:
- I-140 can be filed while still completing the service.
- I-485 may sometimes be filed but cannot be approved until full service completion.
- There is no true exception that allows a physician who has not yet completed the full service to adjust.
Planning for Success with Zneimer & Zneimer P.C.
Whether pursuing a green card through a Conrad 30 waiver or a Physician National Interest Waiver, physicians must carefully comply with all service requirements. Filing for adjustment of status too early can cause delays, denials, problems maintaining lawful status, and if the case is approved prematurely, lead to rescission or denial of naturalization.
At Zneimer & Zneimer P.C., our immigration lawyers have extensive experience helping physicians transition from J-1 visa status to permanent residence successfully. We help physicians plan timelines carefully, prepare immigrant petitions, and strategize the best filing approaches while avoiding legal pitfalls.
If you are a physician needing guidance on your J-1 waiver, PNIW, or green card process, contact Zneimer & Zneimer P.C. today for a consultation.