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7. Do's And Don'ts For J-1 Physicians
8. Understanding The Hardship Waiver
9. J-2 Spouse
10. TN Physicians
11. Don't Wait Until The Last Minute
12. Disclaimer
BEFORE YOU GET STARTED... Frequently Asked Questions
Do I have to return to my home country?
All J-1 Physicians are required to return to their home country after they have finished their studies in the U.S. with a time limit of up to 7 years.Staying, in many cases, is not an option. In fact, if you are a J-1 physician from some counties you will not qualify for a hardship waiver unless your U.S. citizen spouse or child is very ill, or if you have a combination of hardships that would cause obvious harm to them and yourself. Some countries want you back home no matter what.
What if I only have a U.S. Citizen Child or Children?
The USCIS and Department of State care deeply about US citizen children. The Office of Celeste Tabriz specializes in J-1 Hardship Waivers involving U.S. citizen children. “We have never turned our backs on a child, and we never will".I moved. Do I have to inform the USCIS?
You better! US immigration laws for J-1 Physicians have changed post 9/11. All J-1 physicians that move must inform the USCIS on form AR-11. Failure to do so can end in deportation.I cannot find a position.
Finding a rural area position is time consuming, and in some cases heartbreaking, when you just can't get one. Many physicians hate to hear that their CV is bad, but that is exactly the kind of honesty that you need and want to hear. I cannot say it often enough: get help with your CV. It does matter, and it can make a difference. You may have to relocate to an area that you know nothing about. Keep an open mind and think of change as a good thing.What happens if I over stay my D/S?
It is quite possible that the D/S (duration of status) located on your I-94 can be challenged if you stay in the U.S. longer than 30 days past the date on your final IAP-66. Do not think that you can stay in the U.S. for an unlimited period of time. This is untrue, and can get you into serious trouble. Overstaying in the U.S for 180 days can get you a 3-year bar on returning, and overstaying for one year can get you a 10-year bar from returning to the U.S. Stay up to date on immigration laws.I am having huge cultural problems.
Cultural problems and race are issues that are not openly discussed In America. These issues can cause many problems. Many in the U.S. wholeheartedly believe that all men were created equal, but they don't have to be treated equal. Trying to understand and overcome the language barriers, skin color, and gender barriers in the U.S. can make your hair fall out. This is why it is important to understand the labor laws, criminal laws and your civil rights. I am not trying to be litigious, but I have found that more knowledge about these subjects allows you to pick your battles better, and often smile at the ignorance of others.There are laws that protect you as an individual from discrimination. Sometimes the only thing that you can do is to judge people one at a time and not as a whole. Take a deep breath, know who you are, then shake it off and keep your head up.
1. GERIATRICIANS
The United States has admitted foreign workers to address the shortage of medical care for the aging population. Large proportions of these frontline workers are immigrant workers, doctors, and nurses. Keeping immigration policies open and flexible may help reduce the shortage of workers, however an aggressive campaign to meet this growing need has yet to come. Visit ASA.org
2. STAYING IN STATUS
This means more than remaining on your J-1 visa. It means following the rules. You may not adjust to the status of a permanent resident without having served your two year home residency rule, or having obtained a hardship waiver of that rule. You must inform the USCIS of any change of address within 10 days of your move. You cannot moonlight. You cannot commit a felony, and in some cases not even a misdemeanor. If you have not registered, do so with form AR-11. Make sure that your address is up to date. If you move you must inform the USCIS within 10 days.
Understand that if you are in the U.S. 180 days past the expiration of your final IAP-66 you can be held subject to the 3-year bar from returning to the U.S. when you leave. Any longer and it is ten years. These are not new rules: These are the rules. Please contact the USCIS or your immigration attorney or me if you have any questions. Hardship waivers are not the only means that you may have. It is important to find out all of your possible options are.
3. MOON LIGHTING
I love the word moonlighting, (working by the light of the moon). As a J-1 physician you are not allowed to. That's right: as a J-1 physician you are not allowed to work at any other job other than your day job that sponsored you.
Don't make the mistake of many, which is that if you work overtime at your current hospital then there should be no problem in working at another. You can lose everything by breaking this rule; and yes, the USCIS can find out. All employers that hire non-U.S. citizens must provide the Social Security Administration with evidence of the non-U.S. citizen employee’s eligibility to work. They must also adhere to the rules and regulations of the ECFMG.
They can be fined and you can be deported. This is one case where the money is not worth it. It is in your contract and it is a requirement of your visa. As I have stated many times, “I didn't know “ is not a defense. You can work all the overtime that the facility that sponsored you wants, but when it comes to working for someone else, don't do it!
4. CONRAD STATE 30
The Conrad waiver program was implemented to give each state an allotment of no more than 30 waivers for J-1 IMGs for each fiscal year. While each state has been given some flexibility to draft its own guidelines, some basic criteria must be met. These include submission of a letter from the state director of health stating that it is in the public interest to grant a J-1 waiver to the IMG.
Moreover, the IMG must sign a three-year employment contract, and the sponsoring facility must be in a HPSA. Most states open their program for applications in September. One of the most important things that a J-1 Physician can do is to already have the data sheet number from the Department of State. The next step is to be licensed in the state where you would like to work. You will need to have been offered a position with a facility within the state in order to qualify for the state program. Doing this will save time in processing the application and put you ahead of some candidates, because you are ready.
You must have a sponsor for your adjustment to immigrant status. This is where the rural areas, HPSA, ARC, HHS, Conrad 30, and VA, all come together. They are all dependent on time served in the U.S. You must apply to hospitals that are in rural areas, VA hospitals, or any of the above. For ARC positions you need a letter of recommendation from the state’s governor. Correctional facilities do allow waivers, but only after every means to get a U.S. citizen has been used. The jobs are out there, GO GET THEM.
5. HOW TO GET AN H-1 VISA
As a J-1 physician, you are not allowed to change status to an immigrant status unless you have obtained a hardship waiver, Conrad 30, interested government agency, or other federal program.
6. CV INFORMATION
It is important that your CV is reviewed for spelling and grammar. I can't tell you how many Physicians hate my guts because I tell them that their CV is bad, but I would rather that they hate me than to send them out into the job market with errors. This is an easy way for you to look good – or bad
If you think that the interviewer and their staff members are not laughing at some of the CVs that they get, think again. Some of the CVs that they get are office jokes of the year.
Avoid making a cover letter that is more than one page long.
Do not try to sound charming. This is a job that you are trying to get, not charm school. Statements like, “You'll love having me and I am sure I will love working for you”, don't work). It is well worth the money to hire someone to redo your CV. Even if you decide to make improvements on it as the years go by, at least you have a good base to start from.
Be short and brief. Most CVs are too long. If you think that someone is really reading some of the manuals that come in, forget it. The trash can reads more CVs than the employers do.
KEY WORDS - Most employers tell you exactly what they want in their ads. Your CV should tell them exactly what you have to offer.
7. DOs AND DON'Ts FOR J-1 PHYSICIANS
DO:
- Get your Department of State data sheet number early. It can be used for a multiple of situations that you may encounter.
- Stay in status. Even the very best Physician can and will be deported if not in status
- Stay out of trouble. I never thought that I would have to say this, but unfortunately I do. Drinking and driving is bad, drugs are bad, and sexual harassment is bad.
- Yes, a bar fight can end your career; even if it wasn't your fault.
- Keep your cool. Anger has been the end of many a J-1 physician’s career. The best place for anger is the gym.
DON’T:
- Don't marry for the wrong reasons.
- Don't wait until after you’re married, and in the final 3 months of your IAP-66, to tell your spouse that they will be returning with you to Yazd for two years.
- Don’t limit yourself. Just because someone say’s it’s impossible to get a position does not mean it’s true. “TRY”. Send in your CV and give yourself a chance.
- Don't neglect your own health. Physicians do get sick, so take care of yourself.
8. UNDERSTANDING THE HARDSHIP WAIVER
Hardship waivers are strategically and politically aligned. They are not impossible to get. They consist of many components that all combine to lead to the truth of a hardship. In short, they must be the epitome of truth.
Factors that govern a hardship are citizenship of the spouse or child, other citizens or permanent residents that may be depending on the J-1 holder, financial need, and last (but far from least), country conditions. All points must be addressed.
If you have fewer than 25 letters of recommendation for the waiver you can more than likely count on a failure. Following USCIS and the Department of State filling procedure is mandatory.
The worst part: Nothing is guaranteed when it comes to the USCIS. If anyone guarantees you anything having to do with the USCIS or the DOS, they are not telling the truth.
Is doing a hardship waiver worth it? YES - but only if your puzzle pieces fit: Spouse, child, citizen, permanent resident, travel warning to country, financial problems, illness, personal experience, and a combination of all or most of these issues. Don't forget Children do matter.
9. THE J-2 SPOUSE
Did you know that the J-2 spouse can qualify for a hardship waiver without the J-1 if they have been abused?
It is true. Fortunately this waiver has not been used much. Unfortunately few J-2 spouses are aware of this little known fact.
The J-2 spouse’s opinions are worth much, yet are often undervalued. They are your biggest supporters. They listen to your problems and share them. Their joy and pain often depends on you. J-1: “Value your J-2 spouse”.
10. PHYSICIANS FROM CANADA
Physicians from Mexico or Canada have for years been able to simply come to the U.S. and work with little or no problems. Those days are quickly slipping away.
Many of these Physicians have been placed in the J-1 (two year requirement mistakenly) be sure that they are in status and that their renewal applications are filed in timely fashion.
There has been a great deal of change at both borders. It is important to understand that this is for security and safety, first and foremost.
11. DON'T WAIT UNTIL THE LAST MINUTE
Don’t wait to contact an attorney and discuss your career and immigration goals until the last minute.
Planning is everything. Nothing costs more than reaching out to an attorney for help at the last minute only to be told they cannot help you.
Figure out where you are going, and how you’re going to get there early. Last-minute filings to the USCIS, Department of State, or the Labor Department are red flags that something is wrong.
Conrad 30 positions are often lost because of last minute filings.Hardship waivers should be filed when the hardship becomes apparent, and never out of a last minute attempt to remain in the US. These adjudications can take months, and even years.
The words “I didn't know” have never swayed the decisions of any of these departments. The first thing that you will here from them is “You should have asked”.
12. DISCLAIMER
Nothing in this or associated pages, documents, comments, answers, articles or other communications should be taken as legal advice for any individual or situation. The responses and information are intended to be general, and should not be relied on for any specific situation. For legal advice, consult an attorney experienced in immigration law.
