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The J-1 Physician Waiver

The J-1 Physician Waiver

The J-1 Physician Waiver

Most students admitted to the United States on a J-1 Visa to participate in educational exchange programs are required by section 212 (e) of the Immigration and Nationality Act (8 U.S.C. 1182) (e) to return to their home country or last permanent residence for two years before they are eligible to apply for an immigrant visa, permanent residence or another nonimmigrant visa. The Bush Administration remains committed to ensuring that, to the maximum extent possible, physicians are available to provide service to medically under-served areas. J-1 Visa participants can help meet these needs. For that reason, the White House has formed an interagency task force to review the J-1 Visa program for foreign physicians. Waivers of the two year home residency rule can be obtained in the following ways:

  • The Conrad State 30 waiver
  • Hardship waiver
  • Persecution waiver
  • Federal program
  • No objection (J-1 Physicians do not qualify for a no objection waiver)
  • A spouse on J-2 can also obtain a waiver of the two-year rule in cases of death or divorce, or spousal abuse.