The individual that is applying for the J-1 waiver will apply at the American consulate that has jurisdiction over their permanent place of residence and there will be many forms and documents needed. Form DS-156, DS 2019, Form DS-7002, Form DS-158, Form DS-157 a passport that has a validity date of at least six months from the end of the intended stay, Form IAP-66, a passport style photo, a residence in a foreign country, along with a statement that ensures the applicant is coming to the United States on a temporary basis. The immigration lawyer Montana can explain the process and may know the average time that it takes to process the J-1 visa and the J-1 waiver.
Obtaining this visa it is recommended to begin midway through training and to be prepared to enter programs, such as fellowships to retain status, if you begin your search within one year or less before finishing your program. This is a time consuming process and does not begin until a contract is signed. What is necessary to begin the process for the J-1 visa includes:
- A state license is necessary to begin the processing the J-1 waiver and in some states this could take as long as six months to process.
- In order to get a state license a practice type will need to be decided, which can be a hospital, solo or group practice.
a. Decide on an acceptable salary range.
b. Decide on benefits, such as relocation expenses, malpractice insurance, health, life and disability insurance licensing expenses, CME and vacation.
c. Prepare a Curriculum Vitae and cover letter.
d. Obtain three letters of recommendation from your attending.
e. Apply and get a case number.
The individual that wants to obtain a J-1 waiver has to possess a license and the individuals credentials will need to be verified, which can take a lengthy amount of time. Medical school verifications can take an extremely long amount of time to verify by FCVS. It is possible to have the credentials verified by another entity to save time to obtain your state license, for the state you will be employed. Most stated require FCVS, with the exception of five states.
Normally the physician must return to their own country for at least two years, prior to applying for a permanent visa in the United States. The J-1 visa waiver will eliminate the two years of residency in their country of origin. This will allow the physician to remain in the United States and continue practicing medicine. It is possible that state government agencies will sponsor the J-1 physician waiver request, under the Conrad State 30 programs. There are five requirements to apply for a waiver of the two year residency in the foreign country of origin, which include:
1. A request from U.S government agency on your behalf, which is referred to as an International Government Agency Waiver. This takes an average of four months to be approved.
2. There is no objection statement from your host government, which is referred to as a No Objection Letter. This takes an average of four months from the date it is filed.
3. A request from a state health agency or its equivalent. This will take an average of five months.
4. Hardship claim, which is if the individual is required to return to their country of residence it will create a hardship for a spouse or child that is either a U.S. citizen or a permanent resident. This is referred to as a Hardship Waiver and takes an average of nine months to be approved.
5. Claims of persecution, if the individual fears they will be persecuted if they return to their country of residence. This is referred to as an Asylum Waiver and takes approximately nine months to be approved.
This can be confusing and complex, without the assistance of an experienced Montana immigration attorney. The immigration lawyer advice can make the process smoother, since they are aware of all of the laws and any changes that are recent in the J-1 waiver process.