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Conrad 30 Waivers: An Opportunity for Foreign Physicians in the U.S.

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The Conrad 30 Waiver Program offers certain foreign medical graduates (FMGs) with J-1 visas the ability to apply for a waiver of the two-year foreign residency requirement after completing their exchange program. This program is critical to addressing the shortage of qualified physicians in areas with limited access to health services.

 

Eligibility Requirements

 

Although each state has its own rules and guidelines, all foreign doctors on J-1 visas must meet the following general requirements:

  • Have been admitted to the US under section 101(a)(15)(J) of the INA to receive postgraduate medical training.
  • Be employed full-time under H-1B status, for at least three years, in a medical facility located in an area designated by the Department of Health and Human Services (HHS) as a Health Professional Shortage Area (HPSA). ), Limited Health Access Area (MUA) or Population with Limited Health Access (MUP).
  • Obtain a "no objection" declaration from your home country if you are contractually obliged to return to your country at the end of the exchange program.
  • Begin employment at a specified medical facility within 90 days of receiving the waiver.

How to Submit the Application

 

To apply for a waiver, a foreign doctor on a J-1 visa must:

  • Obtain sponsorship from your state health department or its equivalent.
  • Complete Form DS-3035, Request for J-1 Visa Waiver Evaluation, from the Department of State (DOS).

The state health department sponsoring the physician must submit the waiver application to the DOS Waiver Review Division (DOS-WRD) for recommendation.

 

After the DOS Recommendation

 

The DOS-WRD will notify USCIS electronically of its recommendation and will send notifications by mail to the doctor, your attorney (if applicable), and the requesting state agency. USCIS will make the final decision on the waiver request and will notify the physician and his or her representative in writing.

 

If the DOS-WRD recommends the waiver:

  • The applicant must submit Form I-129, Petition for Nonimmigrant Worker, along with the DOS-WRD recommendation to change their status from J-1 to H-1B.
  • The physician's family members (spouse and children) must file Form I-539 to change status from J-2 to H-4.
  • The physician must practice medicine for at least three years in an area designated by HHS as HPSA, MUA, or MUP, or care for patients in such areas.

Once the beneficiary has complied with the terms and conditions of the program, he and his family may be eligible to apply for an immigrant visa, adjustment of status, or an H or L nonimmigrant visa. If the terms are not met, the doctor and his or her family will once again be subject to the two-year foreign residency requirement under section 212(e) of the INA.

 

Additional Information on J-1 Status for Foreign Doctors

 

A foreign doctor with a J-1 visa (and his or her family members with J-2 status) cannot change to another nonimmigrant status without first meeting the two-year residency requirement in his or her country of origin, except in specific cases such as visas. A, G, T or U, according to section 248(a)(2) of the INA.

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