1. Candidate should obtain a three year contract with a site in a HPSA;
2. Candidate should obtain from the immigration lawyer of his choice the list of documentation needed from the physician and the site to complete a J-1 waiver application. He should review and comply with Virginia's J-1 Visa Waiver Guidelines
3. Candidate and site compile the list of required documents and forward them to an immigration lawyer of choice. The lawyer will prepare the J-1 Waiver Application and then send it to the site and the physician for signatures.
4. Once those documents are received back, the entire application is filed with VDH. If the package complies with all of the waiver requirements, VDH prepares a waiver recommendation letter and sends it to the Department of State in D.C. (30-60 days).
5. The Department of State's average processing time for the waiver application varies; however, at times (including the October anthrax scare at DOS), processing time has taken as long as 3-4 months.
6. While waiting for the DOS to adjudicate the waiver, the lawyer prepares the H-1B Visa paperwork for the site's signature (the physician does not sign these forms).
7. Once the DOS approves the waiver, it will fax or e-mail the recommendation letter to the lawyer and send a copy to VDH. Once the lawyer receives the State Department recommendation letter, he or she attaches it to the H-1B documents and submits the entire package to Immigration and Naturalization Service (INS).
8. INS averages vary in processing H-1B visas. However, this processing time can take several months.
9. If the physician does not want to leave the country during this processing time, the H-1B document MUST be submitted to INS while the physician is still in valid J-1 status, which means, through June 30 (the end of residency) plus a 30 day grace period, July 30.
10. If a site or a physician feel that they cannot have the H-1B visa petition filed with INS by July 30, then the physician may wish to extend his or her J-1 status by registering for board exams. The IAP-66 will be extended through the end of the month of the next scheduled board exam. The physician will need to submit proof of registration for such exam. This extension application should be filed before the waiver is submitted to VDH.
11. If a physician is not able to extend for board exams and cannot submit H-1B visa application prior to expiration of status, then she will have to go out of the country to pick up the H-1B visa before starting to work.
12. Finally, VDH will not accept a waiver application if a physician has been out of status more than 180 days, regardless of the physician's willingness to go out of the country to pick up the H-1B visa.
Action |
Responsible Party |
Timeline |
|---|---|---|
Forward a recommendation letter to DOS after a waiver application is filed |
VDH |
30-60 days |
Department of State (DOS) reviews the application and submits the H-1B application to the INS |
Department of State (DOS) |
1-2 months |
INS approves the H-1B application* |
INS |
6-8 weeks |
*
If the H-1B paperwork has
been submitted to INS later (60 days prior to intended
start date), the physician can always pay to INS an extra $1000
filing fee to expedite the processing of the H-1B within 15 calendar
days, rather than 6-8 weeks.
If the H-1B is filed after
the intended start date, the physician may remain in the US,
but may NOT work for the site until the H-1B visa is approved.
However, if necessary, a site may give the physician a "signing
bonus" to
provide living expenses while waiting for the approval.
NOTE: Processing times change. Please refer to DOS & INS websites for the most current information