Foreign medical graduates (FMGs) who complete residency or fellowship programs in the U.S. under a J-1 visa must return to their home country for at least two years. However, a J-1 waiver can remove this requirement, allowing them to stay and work in the U.S. Several pathways exist for obtaining this waiver.
Understanding the J-1 visa waiver options
FMGs can apply for a J-1 waiver through specific programs. The Conrad 30 Waiver Program is the most common, allowing each U.S. state to sponsor up to 30 physicians per year to work in medically underserved areas. Other waiver options include those based on hardship or persecution in the home country, as well as sponsorship from federal agencies like the Department of Veterans Affairs.
Meeting eligibility requirements
Applicants must secure a full-time job offer from a qualifying healthcare facility. The position must be in a designated Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA). The physician must agree to work in the approved location for at least three years.
Submitting a waiver application
After securing a job offer, the employer or applicant must submit a waiver application to the Texas Department of State Health Services. Texas has specific deadlines and requirements for waiver applications, and priority is often given to physicians agreeing to work in rural or underserved areas. Once the state approves the request, it is forwarded to the U.S. Department of State (DOS) and then to U.S. Citizenship and Immigration Services (USCIS) for final approval.
Transitioning to a work visa
After receiving a J-1 waiver, FMGs must change their status to an H-1B visa or another employment-based visa. The employer typically sponsors this visa, and physicians must maintain employment in the designated area for the required period.
Applying for a J-1 waiver requires careful planning. FMGs should research Texas-specific requirements, secure an eligible job offer, and work with experienced professionals to ensure a successful application process.