Wisconsin J-1 Visa Waiver Program
Program Description
J-1 Visa Waiver Program Description
The Wisconsin J-1 visa waiver program increases access to primary health
and mental health care in rural and urban communities that have shortages of
primary care physicians and general psychiatrists, by helping medical
clinics recruit and retain foreign physicians.
Graduates of foreign medical schools can obtain a J-1 visa (education
exchange visa) to attend a medical residency or fellowship training program
in the U.S. This J-1 visa requires that upon completion of the
training program, the foreign physician returns to their home country for at
least two years, before applying for immigrant status to the U.S. The
foreign physician can have this J-1 visa "home-residence"
requirement waived, in return for providing primary care or general mental
health care in federally designated rural and urban communities that have
shortages of primary care physicians or psychiatrists. Foreign physicians
usually apply for J-1 visa waivers in the summer before the last year of
their training program.
Federal immigration law authorizes each state health department to request
waivers of the two-year "home-residence" requirement on behalf of
30 foreign J-1 visa physicians annually (State-30 program).
State health departments can recommend up to 5 J-1 visa waivers per year
for physicians to be employed in non-designated areas, if they will serve
populations in surrounding shortage areas and if exceptional need and public
interest can be demonstrated.
Wisconsin’s J-1 waiver program can also consider recommending a J-1 visa
waiver for foreign physicians in other medical specialties when exceptional
need and public interest can be demonstrated.
State-30 Program:
The Wisconsin Division of Public Health (DPH) is the designated state
agency that can submit State-30 recommendations to the U.S. Department of
State (USDOS). The DPH accepts
applications for State-30 recommendations from health facilities or their
attorneys after an offer of employment has been made to the foreign
physician.
Starting on August 15th of each year, Wisconsin will begin
accepting J-1 visa waiver applications from employers. Applications are
reviewed and decisions made (see
requirements below) on a first-come, first-served basis until all 30
slots are used (usually within several months). For federal updates and more
information on the U.S. Department of State J-1 visa waiver program, see the
USDOS web
site.
The USDOS reviews state recommendations and submits its recommendation to
the U.S. Citizenship and Immigration Services (USCIS), which makes the final
J-1 visa waiver decision. Once a J-1 visa waiver is granted, the sponsoring
employer must petition USCIS for an H-1b (work) visa. The H-1b visa must be
approved by USCIS before the foreign physician can begin employment. The
complete J-1 waiver and H-1b process can take up to 6 months.
Key Requirements for State-30 Program:
- The applicant physician
must provide care at a facility that is physically located in a
geographic area federally designated as a Health Professional Shortage
Area (primary care or mental health HPSA), Medically Underserved
Area (MUA), or Medically Underserved Population (MUP). Wisconsin
can submit up to 5 J-1 visa waiver recommendations per year for
sites that are not physically located in a designated shortage area but
that serve populations from a surrounding shortage area(s).
- The applicant physician
must agree to provide full-time primary care, general mental health care
or specialty care in this shortage area/service area for three years and
40 hours per week.
- The applicant physician
must have completed a residency in the U.S. in the specialty associated
with the applicant’s employment agreement (e.g., family medicine,
internal medicine, pediatrics, obstetrics, psychiatry or other
subspecialty);
- The physician and
facility must provide care to clients eligible for Medicaid and Medicare
and for medically indigent clients;
- The physician must begin
working at the facility within 90 days of the effective date of the J-1
visa waiver (after completion of the physician’s residency training);
- The employer must provide
evidence of unsuccessful efforts to recruit U.S. physicians for the
position; and
- The employment agreement
must demonstrate the employer's commitment to recruit and retain the
physician for at least three years.
US Dept. of State User Fee:
The U.S. Department of State (USDOS) requires that J-1 visa waiver
applicants (J-1 visa physicians) submit a "user" fee for USDOS to
process the application. J-1 visa physicians or their attorneys should
submit the fee and the USDOS "J-1 Visa Waiver Review Application"
directly to the U.S. Department of State. Please note: a Wisconsin
State-30 "slot" will not be assigned until DPH has received,
reviewed and approved a complete application from the employer, including
the physician’s USDOS case file number. More detailed instructions are
included in the "Application
Information" section of this web site, or the USDOS
web site.
Shortage Areas:
The lists of federally designated primary care and mental health shortage
areas, HPSAs, MUAs, and MUPs are updated on an ongoing basis. The employment
offer must include a practice site that is located in a primary care HPSA or
MUA or a mental health HPSA for psychiatrists. Wisconsin can consider
recommending a J-1 visa waiver in a non-designated service area, when
exceptional need and public interest can be demonstrated.
See "Shortage
Areas" for more information.
Physician Vacancies:
Wisconsin does not maintain a list of vacancies specifically for J-1
visa physicians or provide a placement service. Many physicians search through
private recruiters or employment ads. Internet sites that might be helpful
include:
- The National Rural Recruitment and Retention Network (a
membership-based private non-profit placement service)
http://www.3rnet.org/ ; and
- The Federal National Health Service Corps opportunity list (vacancy
list used primarily for federal loan repayment for U.S. Physicians
http://nhsc.bhpr.hrsa.gov/jobs/
State-30 Application Information:
Click on "Application
Information" for more detailed information and to view and print a copy
of the Wisconsin Guidelines for State-30 Recommendations for J-1 Visa Waivers
from this web site. Application instructions can also be requested by mail by
contacting:
Mailing Address:
Wisconsin Division of Public Health
Primary Care Section
PO Box 2659
Madison, WI 53701-2659 |
Street Address:
Wisconsin Division of Public Health
Primary Care Section
1 W. Wilson Street
Madison, WI 53703 |
or by calling the Primary Care Program at (608) 266-1568.
Requesting an H-1b Work Visa:
Once USCIS notifies the foreign physician that the J-1 visa home-residence
requirement is waived, the next part of the employment process is for the
sponsoring employer to submit a H-1b work visa petition to USCIS. The Wisconsin
Division of Public Health does not have a formal role in petitions for H-1b
visas or permanent residency.
Information resources related to petitioning for an H1-b visa:
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