Articles Posted in J1 Visa Waivers

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Great news for regional center investors, medical doctors applying for a J-1 visa waiver under the Conrad 30 Waiver Program, and religious workers; a federal government shutdown has been avoided—at least until December 11, 2015. As reported in our previous blog earlier this week, Congress was faced with the challenge of voting on a short-term spending bill, a continuing appropriations resolution, that would temporarily fund the government through December 11th of this year.  Yesterday, September 30th the House and Senate successfully passed the continuing appropriations resolution. President Obama signed it into law that same day.

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On Monday the Senate will be voting on a short-term spending bill introduced by Senate Appropriations Committee Chairman Thad Cochran. If passed, the bill will temporarily fund the government through December 11th of this year. If the bill is not passed, the country will face a government shutdown beginning on October 1, 2015. The temporary funding bill called a continuing appropriations resolution will be required to keep government agencies afloat for the remainder of the year. Congressional Republicans and Democrats have been at odds with one another since the Planned Parenthood scandal was brought to light. The non-profit organization’s involvement in the practice of procuring tissues from aborted fetuses for the purpose of medical research has been deeply contested by Republicans, who believe Planned Parenthood should no longer receive federal funding. Due to this impasse, no resolution bill has yet been agreed upon.

Repercussions on Immigration: LCA’s and PERM applications

A government shutdown would mean that various government agencies may not be operating at full capacity. Due to this we urge our clients to file urgent Labor Condition Applications or PERM applications prior to October 1, 2015. While the shutdown will have an effect on the economy, families, and business throughout the country, entities not affected by the government shutdown include USCIS, the military, airport security, FBI, Border Patrol, Social Security, Medicare, Medicaid, Food Stamps, among others.

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By Yingfei Zhou, Esq.

The Conrad 30/J-1 Visa Waiver program allows J-1 medical doctors to apply for a waiver of the 2-year residence requirement upon completion of the J-1 exchange visitor program. From October 1 through September 30 of each year, up to 30 waivers can be recommended by each state’s Department of Health. If the home government funded the physician’s exchange program, the physician also needs to obtain a “no objection” letter from his or her home country. Once the waiver is approved, applicants can file for cap-exempt H-1B visa to work for the health care facility.

In order to be eligible, the applicant must be a physician practicing clinical medicine full time (no less than 40 hours per week) in an area designated by U.S. Department of Health and Human Services (HHS) as a Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), or Medically Underserved Population (MUP). The employment should commence within 90 days from the date the waiver is approved by the USCIS.

Our offices specializes in complex J1 waivers, the following Blog post will describe a recent success case we feel will benefit our readers. This article is presented by Attorney Ekaterina Powell from our office.

A lot of J-1 Exchange Visitors coming to the United States are subject to a so-called “two-year rule” which means that J-1 holders are required to return to their home countries for two years after completion of the exchange program. This rule creates a lot of obstacles for foreigners who get married to U.S. citizens but are unable to adjust status because of the two-year rule.

So, what can these couples do in a situation like this?