A J-1 visa is a nonimmigrant visa issued by the United States to exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. J-1 visas are also known as Exchange Visitor visas.
One aspect of the J-1 visa program is the J-1 waiver, which is available to foreign medical graduates who have completed their medical education in the United States and who are required to return to their home country for a two-year period before being eligible to apply for a green card. This two-year foreign residence requirement, also known as the "Home Residency Requirement," can be waived if the foreign medical graduate is able to obtain a waiver from the Department of State.
There are several types of J-1 waivers, including the Conrad 30 Waiver Program, which allows J-1 physicians to apply for a waiver of the two-year foreign residence requirement if they agree to work for at least three years in a Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA). Other J-1 waiver programs include the Interested Government Agency Waiver, the No Objection Waiver, and the Exceptional Hardship Waiver.
To be eligible for a J-1 waiver, a foreign medical graduate must typically meet certain requirements, such as having a valid J-1 visa, being proficient in English, and being able to pass a medical licensing exam in the U.S. Additionally, the foreign medical graduate must demonstrate that their departure from the U.S. would result in exceptional hardship to their U.S. citizen or permanent resident spouse or child, or that their departure would be in the national interest of the U.S.
The J-1 waiver process can be complex and time-consuming, so it is important for foreign medical graduates seeking a J-1 waiver to seek the assistance of an experienced immigration attorney.