Beneficiaries of the J-1 visa may be exempt from the H-1B cap under specific circumstances. According to the Vermont Service Center’s (VSC) Helpful Filing Tips, the exemption applies to J-1 nonimmigrant aliens who received a waiver of the two-year foreign residency requirement as outlined in section 214(l)(1)(B) or (C) of the Immigration and Nationality Act (INA). This exemption generally applies to physicians who receive a Conrad waiver, but can also apply to J-1 waivers granted by other agencies, such as the Veterans Administration or the U.S. Department of Health and Human Services.
J-1 waivers granted to physicians who complete graduate medical education (GME) in the U.S. and then serve in a qualifying medical shortage area for at least three years qualify for the exemption. In these cases, the H-1B petition for the physician is exempt from the cap.
Conrad 30 Waiver Program
The Conrad 30 Waiver Program allows J-1 medical doctors to apply for a waiver for the 2-year residence requirement upon completion of their J-1 exchange visitor program. To qualify, the doctor must agree to work in a Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), or Medically Underserved Population (MUP) for at least three years.
Application Process
To apply for the waiver, the J-1 medical doctor must:
- Obtain sponsorship from a state health department.
- Complete the J-1 Visa Waiver Review Application (Form DS-3035).
- The state health department submits the application to the Department of State (DOS) for review.
After receiving a favorable recommendation from DOS, the doctor must submit the application to USCIS. If approved, the doctor’s status can be changed to H-1B, and they must practice in the designated shortage area for at least three years.
If the doctor and their family fulfill the waiver’s terms, they may eventually apply for permanent residence or an immigrant visa.
Given the complexity of this process, it’s essential to consult with an experienced immigration attorney. Our firm specializes in handling such petitions and can provide detailed guidance throughout the process.