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J-1 Physicians, also known as Foreign Medical
Graduates (FMGs) or International Medical Graduates (IMGs), are
physicians from other countries who have sought and received a J-1
exchange visitor visa in order to pursue graduate medical training
in the United States.
Foreign nationals entering the United
States as Exchange Visitor Program participants are subject to the
home residence requirement pursuant to Section 212(e) of the
Immigration and Nationality Act, if they:
- receive U.S. or foreign government
financing for any part of their studies or training in the U.S.;
- studied or trained in a field deemed of
importance to their home government and such field is on the
"skills list" maintained by the Department of State in
consultation with foreign governments; or,
- entered the United States to pursue
graduate medical education or training.
An exchange visitor subject to Section 212(e)
is not eligible for an H or L visa, or legal permanent resident
status until the home residence requirement is fulfilled or
waived. The visa allows holders to remain in the United States
until their training is completed at which time they must return
to their home country for a period of two years in order to
satisfy the home residence requirement. J-1 physicians may seek a
waiver of this requirement by:
- Agreeing to provide medical services in a
health professional shortage area (HPSA) or Medically
Underserved Area (MUA) if sponsored by an interested federal
government agency or state government agency (IGA); or
- Exceptional hardship to their US citizen
(or lawful permanent resident) spouse or child; or
- On the basis of persecution in their home
country.
For more information on serving in one of Indianaís HPSAs or MUAs,
send your request to
immigration@bkrlaw.com
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