If you are subject to this requirement, but not able to fulfill it, you may apply for a waiver. Specifically, you may apply to the Department of State, Waiver Review Division for a recommendation that USCIS grant a waiver. Your waiver request must be under any one of the five applicable bases in U.S. immigration law. Choose the one basis that you qualify for or applies to your situation.
Five Bases for Recommendation of a Waiver
Your home country government may issue a No Objection Statement, through its embassy in Washington, DC. The embassy must send the No Objection Statement to the Waiver Review Division. It must state your government has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident of the United States.
Alternatively, a designated ministry in your home government may issue the No Objection Statement. The ministry would then send it to the U.S. Chief of Mission, Consular Section at the U.S. Embassy within that country. The U.S. Embassy would then forward it to the Waiver Review Division.
Important Notice:U.S. law does not permit foreign medical physicians who acquired exchange visitor (J-1) visa status on or after January 10, 1977, to receive graduate medical education or training to use this option. For more information about the relevant U.S. law, seeReferences – U.S. Laws, number 1.
2. Request by an Interested U.S. Federal Government Agency:
Are you working on a project for or of interest to a U.S. federal government agency? And has that agency determined your departure for two years would be detrimental to its interest? If so, that agency may request an Interested Government Agency Waiver on your behalf. The head of the agency or his or her designee must sign the Interested Government Agency request and submit it to the Waiver Review Division.
Any U.S. federal government agency may request a waiver under this basis. SeeDesignated Officials for Signatures.It is a list of interested government agencies and names of their designated officials. (NOTE:This list does not contain information for all U.S. federal agencies. It contains information only from agencies that provided the Waiver Review Division with individuals authorized to sign letters for waivers under this basis.)
For Interested Government Agency requests for foreign physicianswho agree to serve in health professional shortage areas or medically underserved areas,:See How to Apply, Step 3. For more information about the relevant law, seeReferences – U.S. Laws, number 3.
Do you believe you will be persecuted based on your race, religion, or political opinion if you return to your home country? If so, you may apply for a persecution waiver. You must submitForm I-612, Application for Waiver of the Foreign Residence Requirement, to USCIS. USCIS will forward its decision to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution.
4. Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of an exchange visitor:
Can you show that your departure from the United States would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child? If so, you may apply for an exceptional hardship waiver. Mere separation from family is not sufficient to establish exceptional hardship. You must submitForm I-612, Application for Waiver of the Foreign Residence Requirement, to USCIS. USCIS will forward its decision to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of exceptional hardship.
5. Request by a designated State Public Health Department or its equivalent (Conrad State 30 Program):
Are you are a foreign medical graduate who obtained exchange visitor status to pursue graduate medical training or education? If so, you may request a waiver based on the request of a designated State Public Health Department or its equivalent.,You must meetthe following criteria. (This waiver category is also known as the Conrad State 30 Program.) You must:
- have an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area;
- agree to begin employment at that facility within 90 days of receiving a waiver; and
- sign a contract to continue working at that health care facility for a total of 40 hours per week and for not less than three years.
Review the listing ofState Public Health Departments. Each department can request 30 such waivers per federal fiscal year. 10 of the 30 requests may be for exchange visitor physicians who will serve at facilities not located in a designated health care professional shortage area but which serve patients who live in a designated area. The state public health department will send its request to the Waiver Review Division, if it agrees to sponsor you for a waiver.
For information about the U.S. laws that created this waiver category, seeReferences – U.S. Laws, numbers 4 and 5.
