APPALACHIAN REGIONAL COMMISSION WAIVER FOR J-1 PHYSICIANS
 
We have been talking the last few weeks about the different options available to a physician on a J1 visa to stay in the United States without having to go home pursuant to the two-year foreign stay requirement. This week, we talk about the Appalachian Regional Commission (ARC) waiver.    Physicians taking a position providing primary care in a health professional shortage area within a designated ARC service area are eligible for this waiver.  The ARC area is comprised of all of West Virginia and portions of twelve other states.  An advantage of the ARC waiver is that there is no numerical limitation on the number of waivers granted per year, unlike the Conrad 30 programs.  Thus, if a physician is not ready to file for the waiver until after a state's Conrad 30 program is filled, the ARC may be an option.  The physician must still agree to work at least 40 hours per week for a full three years for the employer in the underserved location.  The employer must also make good faith efforts to find a U.S. physician to fill the position prior to filing the waiver application and be able to demonstrate those efforts.  Many physicians do not choose the ARC waiver because there is a requirement that each contract between the employer and physician contain a liquidated damages clause in case of a default by the physician.  This may be a costly requirement for the physician.  However, for certain areas, the ARC waiver remains a viable option for a J-1 waiver.

In next week's newsletter, we will discuss waivers available through the Department of Veteran Affairs.  Look for your newsletter next Friday!