Can you get a J-1 visa exception to practice medicine?

On Behalf of | Mar 21, 2023 | Employment Immigration

The U.S. is having problems with labor shortages, and the medical field is no exception. The crisis is particularly tough in impoverished rural areas where it’s estimated that more than 6,000 additional primary care physicians alone to even start to relieve the problem.

Immigrant physicians could be an immense help, but the limitations of the J-1 visa that international medical students use to obtain their Graduate Medical Education (GME) are problematic. Even though many students are in the United States long enough to develop deep interpersonal relationships and professional connections that would keep them here, they’re required to return to their home country for a two-year period before they’re eligible for a visa change.

J-1 visa waivers can give some medical students a break

The only way around the J-1 visa’s two-year home residency rule is through a waiver, and the situations that qualify for a waiver are very limited (but not impossible to achieve). To qualify, you need to be in one of these situations:

  1. You are being sponsored for a waiver by an Interested Governmental Agency (IGA) that is willing to employ you here. This includes the Department of Veterans Affairs (VA), the Appalachian Regional Commission (where physician shortages are particularly acute) and the Department of Health and Human Services (HHS), among others.
  2. Forcing you to fulfill the home residency requirement would bring exceptional hardship to your U.S. citizen or permanent resident spouse or children.
  3. A designated State Public Health Department may request it on your behalf, if you have an offer for employment within 90 days of your waiver, will sign a three-year contract and work in an area with a health care professional shortage.
  4. You believe that you will be persecuted because of your race, politics or religion if you’re forced to return to your homeland.
  5. Your home country or its designated ministry can issue a No Objection Statement through its Washington D.C. embassy stating that they are not opposed to you skipping the two-year residency or becoming a U.S. citizen.

If you want to stay in the United States to practice medicine, the road to your dreams may not be as impossible as you think. Learning more about your legal options can help you plan.



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