Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

I'm a Canadian physician who is considered an IMG

Customer Question
Hello I'm a Canadian physician who...
Hello
I'm a Canadian physician who is considered an IMG (international medical graduate); i completed my internal medicine residency training in Connecticut and now doing a geriatric medicine fellowship in Houston, Texas. I am now in the midst of talks with an employer in Kerrville, Texas - this is an area an hour west of San Antonio, Texas; the patients in the area are 80-85% medicare and the larger area of 100,000 that the medical facility serves potentially qualifies as underserved, per the employer (although i dont have bonafied figures and data on this).I did my medicine training and current fellowship on the J-1 physician exchange program; I believe in order to continue staying and working here in the US (potentially in that region of Kerrville, TX) I have to obtain the J-1 visa waiver. My employer is a regional medical corporation that is not a FQHC or government agency; I dont believe the position i'm applying for, falls under the Conrad 30 type of listing.Basically I want to know given my situation, can my employer still hire me and get me a J-1 visa waiver even though they are not a "conrad 30" program? What is the process roughly and what visa will I be working on next year if i do obtain this position (my fellowship ends in June 2017 and I would hope to start working 1st week of september 2017). I know several of the terminologies i'm using may be wrong - but I hope i'm getting my point across. I am also concerned that apparently in Texas the conrad 30 visa applications are applied for and taken within days of Oct 1st; does this apply to me? Or is my employer going to be able to get me a J-1 waiver position outside of the conrad-30 program, and when I start Sept 2017 what visa would I be on and where does that fall in the big picture process of immigration?
Submitted: 1 year ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 1 year ago
Cancel that phone call request
Answered in 1 hour by:
10/1/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,162
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

There are limited options for the J1 IMG waiver:

1. Government Agency such as VA; ARC; DHHS,

2. FQHC ;

3. Conrad 30.

Since your employer does not fall under any of the qualifying government programs, is not in a designated HPSA/MUA to qualify for Conrad 30 (verify this at https://datawarehouse.hrsa.gov/tools/analyzers/hpsafind.aspx ) and is not a FQHC they cannot file for a waiver for you.

You are using the right language. This link will help you with that http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/international-medical-graduates/practicing-medicine/immigration-information-imgs.page

One of the best J1 waiver lawyers is giving a seminar in San Francisco this month

https://www.facebook.com/jan.pederson.526

https://www.facebook.com/photo.php?fbid=10157532815545788&set=a.10150583256995788.671380.803965787&type=3&theater

You are correct that applying for a Conrad 30 waiver in TX is almost like applying for the lottery. The application period opens October 1st (today) and by the end of next week they will have more than 30 qualifying applications so the rest of the applications are returned.

So you do not fall into the big picture other than having to return to Canada and do 2 years there since you are only allowed a maximum of 7 years under ECFMG J1 program. Between your internship and residency you are close to that I would assume.

Frankly, you are a bit late in the game planning. Most J1 docs have already lined up their options and have a Conrad 30 application prepared and in the mail today.

There may be some options open for you in other areas that do not fill as fast but are far less desirable locations such as the Dakotas, Alabama, West VA and other rural southern HPSA areas.

There may also be the option for you with the VA since you are in geriatric medicine and baby boomers are filling VA facilities now.

Jan, the attorney who is giving the seminar is tied into a huge network of J1 waiver qualified entities both through ARC; VA and other private entities. She has been doing J1 waivers for 35+ years and is a mover and shaker in having the regulations amended to be more favorable for J1 docs, including H1B stumbling blocks when they were subject to the lottery. She was part of a group of immigration lawyers who got these regs changed.

So If you can make it to her Seminar and have a free consultation with you you can consider yourself very lucky because it is hard to get a consultation with her even for $500.

At this point it looks to me like you are running out of gas with regards ***** ***** and you need to work fast to find a position. To do this you need a lawyer who is tied into the J1 doc waiver circle. I have retired but back in the day, entities would come to me looking for doctor referrals and would take my docs before a unsolicited resume in the stack.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith Ludwic

Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
Hello Judith
Thanks for your reply. I have found this further information that i need your input on.Part of your reply states one can recieve the J-1 waiver for goverment agencies (VA, ARC, HHS);
So i went on Texas Conrad 30 page (https://www.dshs.texas.gov/chpr/j1info.shtm) and toward the top part of the page it states "Another option for primary care physicians in Texas is the Department of Health and Human Services J-1 Waiver Program."
If you visit that link, part of that sentence has a hyperlink to the DHHS website (http://www.hhs.gov/about/agencies/oga/about-oga/what-we-do/index.html/exchange-visitor-program.html-0); in going thru that webpage, it states "Health care services needed in a Health Professional Shortage Area (HPSA) in the United States.
Physicians with J-1 visas must agree to deliver health care services for three years in a mental health or primary care HPSA."I went to look for the county under which Kerrville falls (Kerr county) and although that area does not have a HPSA designation, part of the population it serves falls under Bandera county and Real county. On the same page under "Waiver Application instructions" it also states that "All applications must be submitted by private or non-federal institutions, organizations, or agencies, or by components of HHS." such as my potential employer?So basically, does this not seem like a route my employer can take? Can my employer not contact HHS and state that part of the population they serve falls under HPSA designation and therefore since I am being hired to provide primary care to this population, take this HHS J-1 waiver route?Also, if we can take this route, is there a time restriction that applies ? My research on a different website (http://www.maggio-kattar.com/blog/how-states-use-their-30-waivers-j-1-physicians) shows .. "As noted in our previous article , federal agencies (ARC, DRA, HHS and the VA) can grant an unlimited number of J-1 physician waivers throughout the year."Whats your experience and professional answer to all this?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago

I have never done such a DHHS but your employer may just qualify.

The Maggio-Katter blog would have been written by Jan.

To qualify your employer would have to show documentary evidence of it's patient population having their addresses in the Bandera and Real county which are HPSA designated.

The burden would be on your employer to show that the patient population you provide care to lives in the designated areas.

I have had such cases for Conrad 30's where the facility was not in a HPSA but we were able to do patient population data print-outs of the addresses of the patients to prove that although the facility itself was not within the HPSA, the patients it served traveled from HPSA designated areas.

You would definitely need to use an attorney to pursue this option through HHS if the date supports where your patient population comes from.

Judith

Ask Your Own Immigration Law Question
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,162
29,162 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

47,491 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
Need help with immigration question. Is it fine to travel
Is it fine to travel international when H1B extension application is pending with USCIS … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
Immigration. I work with a gentleman that is a legal
Immigration. I work with a gentleman that is a legal resident and his children have legal residence. But his wife does not and her visa runs out at the end of the year she is from El Salvador. What ar… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
I had some questions specific to an immigration petition and
Hi Pearl, I had some questions specific to an immigration petition and hopefully some guidance as to our situation. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
It's about immigration. I'm a permanent resident since 2011
I'm a permanent resident since 2011 married to a cityzen for 9 years but divorcing at the moment… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Looking for a immigration lawyer to help with b2 visa
looking for a immigration lawyer to help with b2 visa questions … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,969 satisfied customers
My father is years old and he immigrated to the USA on
My father is 69 years old and he immigrated to the USA on family based Green Card 3 months ago. I am a US citizen and sponsored his green card. He now has a social security number and Driver's license… read more
Shernette Noyes
Shernette Noyes
Attorney
Doctoral Degree
1 satisfied customers
Looking to find a lawyer who specializes in immigration law.
Looking to find a lawyer who specializes in immigration law … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
My question is if I would like to start the immigration
hi , my name is ***** ***** my question is if I would like to start the immigration process to get the green card through marriage is better to have my taxes pay in full or is the same if I am in a pa… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
US H1b/GC Immigration: Current Immigration Status: GC -
US H1b/GC Immigration:Hi, Current Immigration Status: GC - Labor applied in Dec2014 from Employer A, I-140 approved in Jan 2016. (more than 180 days after approval of I-140) H1B - 6 Year cap was endin… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Thank you. I have an immigration question. This is about a
Hi thank you JA: What state are you in? It matters because laws vary by location. Customer: Yes I have an immigration question JA: Have you talked to a lawyer yet? Customer: No JA: Anything else you w… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
What is involved in being a benefactor for an immigrant to
what is involved in being a benefactor for an immigrant to the USA … read more
Bill Attorney
Bill Attorney
law
1,422 satisfied customers
One of the spouses has a case in the immigration office
One of the spouses has a case in the immigration office waiting for the Green Card on the basis of a join marriage. What happens if they divorce before he/she receives a Green Card? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
How the Administrative Proceeding take on Immigrant visa
How long the Administrative Proceeding take on Immigrant visa after interview. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
Can form 1040 be submitted to immigration when filling for
ok, can form 1040 be submitted to immigration when filling for my husband … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,162 satisfied customers
What are the charges involved to talk to an immigration
what are the charges involved to talk to an immigration attorney … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
Is an expired immigration card a violation if the person
hello is an expired immigration card a violation if the person decides not to validate their green card? … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,162 satisfied customers
I need an immigration attorney, I hired an immigration
I hired an immigration lawyer but he sends me things I do not understand. I need to find a new lawyer one that will talk to me … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
My immigration case was dismissed by the immigration judge i
my immigration case was dismissed by the immigration judge i was a legal permanent resident what do i have to do to get it back now that my removal hearings were terminated … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x