J-1 visas are nonimmigrant visas granted to exchange visitors participating in programs that promote cultural exchange, particularly for obtaining medical or business training. The J-1 Exchange Visitor Program encompasses various categories of exchange programs, allowing foreign nationals to legally work, train, or travel while experiencing life in the United States.
Physicians seeking J-1 visas encounter specific eligibility provisions due to their qualifications for visa issuance. Given the nature of U.S. licensing requirements for medical doctors, physicians often obtain J-1 or H-1B visas for extended periods before being able to practice medicine in the U.S. This can present challenges for physicians wishing to remain in the U.S. beyond their training.
Application Procedure for a J-1 Visa:
- Complete the Online Visa Application.
- Schedule an interview: While certain age groups may be exempt from interviews, consular officers have discretion to require interviews for any applicant, regardless of age. Applicants should schedule their visa interview at the U.S. embassy or consulate in their country of residence. It may be difficult to qualify for a visa outside of one's permanent residence.
- Pay the non-refundable visa application fee, if required, before the interview. Additionally, upon visa approval, applicants may need to pay a visa issuance reciprocity fee, depending on their nationality.
Required Documents for a J-1 Visa Interview:
- Valid passport (must remain valid for at least six months beyond the intended period of stay in the U.S. unless exempted by country-specific agreements).
- Confirmation page of the Nonimmigrant Visa Application, Form DS-160.
- Receipt of application fee payment, if applicable.
- Photo (uploaded during the completion of Form DS-160).
Certificate of Eligibility for Exchange Visitor Status, Form DS-2019, provided by the program sponsor after entering the applicant's information into the SEVIS system. All exchange visitors, including accompanying spouses and minor children, must be registered in the Student and Exchange Visitor Information System (SEVIS). Each person receives a separate Form DS-2019.
J-1 Visa Eligibility:
J-1 exchange visitors who come to the U.S. for graduate medical education or training (J-1 medical doctors) generally have restrictions on applying for an immigrant visa, permanent residence, or H or L nonimmigrant status.
To be eligible for such benefits, J-1 exchange visitors must have resided and physically been present in their country of nationality or last residence for at least two years (the 2-year foreign residence requirement) upon completion of their J-1 exchange visitor program. The 2-year foreign residence requirement also applies to accompanying spouses or children in J-2 status. Section 212(e) of the INA provides further information on this requirement. If returning to the home country to fulfill the two-year requirement is not feasible, a waiver approved by the Department of Homeland Security must be obtained before changing status in the U.S. or obtaining certain visa categories for travel to the U.S.
A J-1 exchange visitor (a J-1 medical doctor) who entered the country or obtained such status in order to pursue graduate medical education or training is ordinarily unable to submit an application for:
- An immigrant visas
- A permanent residence
- nonimmigrant status: H or L
Waiver Process:
In a hardship waiver application, the case is initially submitted to the BCIS (Bureau of Citizenship and Immigration Services). After the BCIS makes a preliminary determination of hardship, the case is then forwarded to the Waiver Review Branch of the United States Department of State. The Waiver Review Branch assesses the hardship to the U.S. citizen or permanent resident against the policy underlying the exchange visitor program. Typically, the Department of State concurs with the BCIS's determination, and upon concurrence, the BCIS issues the final approval.
Criteria for Waiver Approval:
A foreign exchange visitor may apply for a waiver based on one of the five statutory bases:
- "No objection" statement from the visitor's home country.
- Request from an Interested U.S. Government Agency (IGA Waiver).
- Claim of persecution in the home country upon return.
- Claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child upon return.
- Request from a designated State Health Agency: Foreign medical graduates seeking a waiver of the two-year home-country physical presence requirement may request it based on a request from a designated State Public Health Department or its equivalent. To qualify, applicants must have
- an offer of full-time employment at a health care facility in a designated health care professional shortage area
- agree to begin employment within 90 days of receiving the waiver, and
- sign a contract to work at the facility for a minimum of 40 hours per week for at least three years.
Persecution waiver can be granted if there is a legitimate fear of persecution resulting from the alien's membership in a political, religious, professional, or ethnic group. The waiver does not require the petitioner to have a spouse or child who is a U.S. citizen or permanent resident, nor does it necessitate three years of work in H1-B status. For both persecution and exceptional hardship waivers, Form I-612, Application for Waiver of the Foreign Residence Requirement, should be submitted directly to USCIS.
