waiver

Foreign national physicians in the United States who hold a J-1 visa are required to leave for two years prior to returning. This can be a wrenching prospect for those who have married and put down roots in the United States. There is relief offered by “waiver” by which this requirement can be waived. One such waiver option is based upon the hardship the 2-year return would cause to the physician’s U.S. citizen or lawful permanent resident family members.

The facts of each physician’s case are unique to him or her, and must be examined carefully to include:

The physician’s home country

The physician’s family members and their status (citizen or lawful permanent resident)

Country conditions that will prompt the hardship

The type of hardship(s) that will be caused, such as medical, safety, social, educational, professional, and/or other

Evidence and proofs of the hardship(s)

For physicians with U.S. citizen or lawful permanent resident family members, this option should be carefully considered as a valuable means to apply for a waiver of the two-year rule.

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.

Two year rule waiver option: Hardship

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