The information packet details the information/documentation that is needed to submit an appropriate application for review.
The required information and documentation in its entirety must be submitted in a single package with documents presented in the order set forth under the guidelines. Waiver requests that do not comply with these requirements will be returned.
Upon receipt of all required materials, the application will be reviewed by the Primary Care Coordinator in Maternal, Child and Community Health Services.
If the Department feels it is in the public interest that the J-1 physician remain in the United States, the Department will send a letter and the application to the U.S. Department of State (DOS) requesting a favorable recommendation to the United States Immigration and Naturalization Service (INS) for granting a waiver.
Please note that the J-1 visa waiver is only one step in a multi-part process. A waiver is necessary but not sufficient to obtain a foreign physician's services. A waiver simply eliminate the requirement that the physician return to his/her home country for two years before he/she can return to the United States.
It is important to note that the waiver of the two year requirement is not a visa. Physicians going through the state waiver program are eligible for, and must make an application to the United States Immigration and Naturalization Service for H (i) (B) visa status. Permanent residence visa status will not be permitted until the physician's four years of obligatory service in a health professional shortage area has been fulfilled.
You may call the Primary Care Office at (609) 292-1495 for status updates on waiver applications pending at the Department until the requesting health facility is notified of the Department's decision. The requesting health facility will be notified of the Department's decision. If the Department recommends a waiver to the DOS, that office, or the Immigration and Naturalization Service should be contacted regarding the status of the waiver.
The DOS checks with the organization (s) that issued the "Certificate of Eligibility for Exchange Visitor Status (J-l)", bringing the person into the United States. If that organization (this can also be the country of origin) has no objection to the person being granted the waiver, and the case has the necessary documentation USIA will forward the package to the INS with a favorable recommendation.
Upon receipt of the DOS recommendation, INS may grant a waiver of the two year home residence requirement to the physician. Processing time at INS can vary anywhere from two weeks to several months.