J-1 Waiver Physician Job Change/Employment Transfer
We frequently receive requests to evaluate the possibility of a J-1 visa waiver transfer and what reasons may justify a transfer. In most instances, the affected physician needs to transfer his/her H-1B waiver to another J-1 waiver location as well as the I-140/National Interest Waiver Application.
Whether the physician is transferring from a hospital setting to a practice group or vice-versa, here is a list of the issues that I discuss with affected physicians one or more of which might form a basis for successful J-1 Waiver Transfer request:
- Prevailing Wage: Whether the employer is paying the J-1 physician the salary or actual wage prescribed by the contract of employment as well as the Physician’s H-1B Visa application;
- LCA Compliance: Whether the employer is paying the J-1 physician prevailing wage as required by the H-1B and LCA filings.
- Incentive Pay: Whether the employer is also making timely incentive payments earned by the J-1 physician since the employer is required to pay the higher of the prevailing or actual wage which includes incentives.
- Malpractice and Staffing: Whether the employer is maintaining the required malpractice insurance as well as adequate medical supplies and staffing to assist the J-1 physician in completing the assigned duties without undue exposure to malpractice concerns.
- Working Conditions: Whether the employer is requiring the J-1 physician to operate in an unsafe condition or exposing the physician to possible malpractice claim by failing to provide adequate support and staffing.
- Employer Finances: Whether the employer’s poor financial state creates instability in the J-1 physician’s practice.
- Patient Base: Whether the employer provides sufficient patient base to permit the J-1 physician to meet the J-1 waiver full-time work requirement on a weekly basis.
- Physician Termination: Whether the employer has simply terminated the J-1 physician’s contract or otherwise fired the J-1 physician.
- Compliance with Waiver Requirements: Whether the employer is violating any terms of the J-1 Waiver Agreement with the sponsoring Conrad 30 state, Department of Health & Human Services (HHS), Appalachian Regional Commission (ARC) or Department of Veteran’s Affairs (VA).
- Personal Circumstances: Whether the personal circumstances of the J-1 physician have changed significantly such as a marriage, engagement, birth/adoption of a child, illness, disability or such changed personal situation necessitating a relocation.
We evaluate the listed factors as well as any others that are unique to the physician’s situation to assess what factors will be submitted in support of the J-1 waiver transfer and job change.