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Immigration Prescription for Physicians
 
 
In This Issue
Question of the Week
Persecution Waiver
Website of Interest
Question of  Week
 
Question: I came to the U.S. from a country other than Canada on a J-1 visa, and after completion of my J program I moved to Canada where I acquired immigrant status. Which country am I subject to return to for my two-year residence requirement -- my former country of residence or my current one, Canada?


Answer: You are subject to return to your former country of residence. J-1 regulations stipulate that an exchange visitor is subject to the country of his/her legal permanent residence at the time that the visitor acquires the J-1 status. The visitor must return to his/her former country of residence in order to fulfill the two-year home residence requirement or s/he must receive a waiver of the requirement.


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News!!! 
 
The Texas Department of Health began accepting J-1 visa waiver applications on September 1, 2008. As of September 4, they only had 6 slots remaining. According to the Department of Health "It may take months to fill these slots (last year it took six months to fill the program)." Nevertheless, we encourage you to file your J-1 visa waiver application as soon as possible, 6 slots may not last long! 
 
 
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Weekly Newsletter 
September 12, 2008
Greetings!

Greetings!
 
Welcome back to Badmus Law Firm's newsletter focusing solely on issues affecting physicians.  The focus of this week's Physicians' Newsletter is the persecution waiver.  Read on for more information affecting IMG physicians.

 Persecution Waiver for Physicians
Senior Doctor
The Persecution Waiver for J-1 Physicians

Another waiver to the two-year foreign residency requirement is the persecution waiver.  The USCIS and DOS will waive the foreign residency requirement if it determines that the foreign national is likely to face persecution in her home country based on her race, religion or political opinions. The persecution may be caused by the home country government or a group that the government is unwilling or unable to control.
However, the requirements for asylum may be easier to prove than the persecution waiver.  In fact, in most cases where there is a "well-founded fear of persecution," the foreign national will file an asylum application with the USCIS, rather than a persecution waiver request which must be reviewed by the DOS as well as the USCIS.  If the asylum application is approved, the two year foreign residency requirement is waived. 

The Interested Government Agency Waiver
 
The Interested Government Agency (IGA) Waiver is the third and most common J-1 waiver.  If a government agency requests a waiver of the foreign residency requirement for a particular physician, then it is almost always granted.  The following IGAs who request waivers for foreign medical graduates:
(1)  the Appalachian Regional Commission (ARC) waiver (federal agency);
(2)  the Department of Veterans Affairs (VA) (federal agency);
(3)  the United States Department of Health and Human Services (HHS) (federal agency);
(4)  the Delta Regional Authority, and
(5)  the State Health Agencies under the Conrad 30 program.
 
In next week's newsletter, we will discuss the Appalachian Regional Commission (ARC) waiver. Look for your newsletter next Friday!





Website Of Interest

 
For J-1 waiver physicians who need to apply for a waiver review number, logon to the Department of State website to Complete Online DS-3035 Application. Completing the application online will also reserve a case file number for your application and generate a bar coded data sheet which is required by some embassies in order to process a No Objection Statement.
 
http://travel.state.gov/visa/temp/info/info_1296.html