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April 2, 2014 by Rebecca Esmi

Waiver of 2-year rule: Option based on persecution.

In order to remain in the U.S., physicians holding a J-1 visa must obtain a waiver, and one way to do so is based upon fear of persecution.   In this type of waiver, the physician must fear persecution in their home country based upon race, religion, or for political reasons.   The facts giving rise to this fear must be documented; for example, reports for the particular home country conditions must be supportive.   One good source for country condition reports is the United States Department of State (see http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper) as well as NGOs such as Human Rights Watch.

Before considering this option, it is essential that the physician carefully examine the facts unique to him or her as well as the conditions in the home country.

Filed Under: All About Immigration for Investors and Others, International, Physician Immigration Tagged With: 2 year rule, attorney, fear of persecution, immigraiton, immigration, J-1, physician immigraiton, waiver

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