J1 Visa Waiver

[bulgethetwine]

Ok, here goes: The prospect of finishing residency in the U.S. is a gleaming one! Returning back to my home country for two years is not.

Anyone got any insight into J1 Visa waivers for emergency medicine?

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[Youserman]

I have no idea of what your prospects are regarding a waiver. i will caution you never to trust an immigration attorney unless you have several references that you have checked. Everyone of them will offer to help and they will help empty your bank account. If you make a series of phone calls to the immigration national help line you will get an idea of what is possible. These folks deal with those questions every day and are hired because they are good communicators. No, they aren't lawyers, but they know more than most lawyers. An added attraction is they have no reason to lie. In addition they don't have to deal with the sweaty smelly masses on a personal basis so they are a lot more patient with you. I found out more accurate information by repeatedly calling and talking to a variety of operators on the help line than I did by visiting immigration or speaking with immigration attorneys(plural). The nice thing is they never ask your name or your status. If it makes you feel more comfortable call from different phones. Good luck

 

[bulgethetwine]

I have no idea of what your prospects are regarding a waiver. i will caution you never to trust an immigration attorney unless you have several references that you have checked. Everyone of them will offer to help and they will help empty your bank account. If you make a series of phone calls to the immigration national help line you will get an idea of what is possible. These folks deal with those questions every day and are hired because they are good communicators. No, they aren't lawyers, but they know more than most lawyers. An added attraction is they have no reason to lie. In addition they don't have to deal with the sweaty smelly masses on a personal basis so they are a lot more patient with you. I found out more accurate information by repeatedly calling and talking to a variety of operators on the help line than I did by visiting immigration or speaking with immigration attorneys(plural). The nice thing is they never ask your name or your status. If it makes you feel more comfortable call from different phones. Good luck

Thanks, youserman. I guess what I meant was, any idea of clinics/hospitals that are suitably underserved that they might be willing to sponsor a J1 waiver? I'm not so worried about the politics/immigration angle -- I'm pretty sure I know what I need to to get it done -- but step 1 is definately identifying some places that might need an EP...

 

[NewCanadian]

I have a hard time understanding why anyone would do a residency on a J-1 and still have the intent to remain in the US permanently. It's like emigrating to the US through a back door. While Senator Conrad saw the need to place US trained doctors in US underserved areas, I think he did not foresee that people would deliberately use his program that way. There are other visa options.

However, if you search the internet for "Conrad 30", and "HPSA" or "health professional shortage area" you'll find information and links to the very areas that participate in issuing these waivers. States that participate in the Conrad program have residency programs; medical residents in these states get invitations to serve for three to five years along with incentives to remain there permanently.

 

[f_w]

I have a hard time understanding why anyone would do a residency on a J-1 and still have the intent to remain in the US permanently.

Why is that hard to understand ? The 'whys' are the same reasons all immigrant professionals have: To take advantage of the better career and development opportunities in the US.

Professionals in other industries also come on J1 visas. They just have other options to stay (e.g. by providing a letter from their home goverment that it doesn't object against the person staying in the US). The mess for immigrant physicians is courtesy of the AMA, which persistently lobbied congress to erect artificial barriers to physician immigration.

Sen Conrads motivation is to give access to health care providers in the rural areas of his state. He doesn't really care where these physicians come from and what their motivations are, as long as they are suitably qualified and willing to provide the service.

 

[NewCanadian]

Why is that hard to understand ? The 'whys' are the same reasons all immigrant professionals have: To take advantage of the better career and development opportunities in the US.

Professionals in other industries also come on J1 visas. They just have other options to stay (e.g. by providing a letter from their home goverment that it doesn't object against the person staying in the US). The mess for immigrant physicians is courtesy of the AMA, which persistently lobbied congress to erect artificial barriers to physician immigration.

Sen Conrads motivation is to give access to health care providers in the rural areas of his state. He doesn't really care where these physicians come from and what their motivations are, as long as they are suitably qualified and willing to provide the service.

I know why some people want to live in the US. That's not my concern. Why go through the roundabout route of the J-1 when the intent to live in the US is already there? If the medical training is so important, why take the risk of being refused by the ECFMG or being stopped at the border? There are other visa options.

 

[f_w]

Why go through the roundabout route of the J-1 when the intent to live in the US is already there? If the medical training is so important, why take the risk of being refused by the ECFMG or being stopped at the border?

What 'roundabout' way ?

The majority of residencies are only available on J1 visa. It is well known to the goverment that a percentage of J1 docs will eventually stay and they have set up the avenues for that to happen.

What risk of being refused ?

If one abides by the requirements of the visa (doesn't marry a citizen or PR, doesn't file an immigration petition), there is no risk of 'getting stopped at the border' or other nonsense.

 

[bulgethetwine]

What 'roundabout' way ?

The majority of residencies are only available on J1 visa. It is well known to the goverment that a percentage of J1 docs will eventually stay and they have set up the avenues for that to happen.

What risk of being refused ?

If one abides by the requirements of the visa (doesn't marry a citizen or PR, doesn't file an immigration petition), there is no risk of 'getting stopped at the border' or other nonsense.

Well, actually, there is no problem with, for exmaple, marrying a citizen -- it's just that that does not exonerate one from the requirement of returning to the sponsoring country for two years. It's kind of perverse: One partner can't stay in the U.S., and the other can't work in Canada even though both might be in medical jobs that are required on both sides of the border!

 

[NewCanadian]

The majority of residencies are only available on J1 visa. It is well known to goverment that a percentage of J1 docs will eventually stay and they have set up the avenues for that to happen.

Question for f_w:

I presume that means well known to the US government, yes?

What about the Canadian government, do you think it knowingly participates in this?

 

[bulgethetwine]

Question for f_w:

I presume that means well known to the US government, yes?

What about the Canadian government, do you think it knowingly participates in this?

No. But it is the just desserts the Canadian government gets for their poor planning and unfair and unjust treatment of otherwise suitably trained professionals.

By the way, what is your angle on this discussion? Are you considering a J1 and am trying to flush out info? If so, PM me and I can tell you all I know to help you. If you are just blindly defending Canada and the system, well, that's certainly your right -- but please tell me so I stop responding to any of your posts. If you are some sort of administrator in Canada phishing for info, then you should be ashamed of yourself.

 

[f_w]

Well, actually, there is no problem with, for exmaple, marrying a citizen

There is. By marrying a citizen or PR you express 'immigration intent' (remember the question on the non-immigrant visa application). While this doesn't automatically exclude you from re-entering on a J1 visa, it may.

I presume that means well known to the US government, yes?

Yes, the US goverment (as represented by DOS and USCIS).

What about the Canadian government, do you think it knowingly participates in this?

Yes, by issuing 'letters of need' during the duration of the visa and by failing to enforce the return of service contracts.
Other countries whose goverments don't want their physicians to leave via the J1 visa route just don't provide the 'letter of need' (Israel for example used to be very reluctant about sponsoring physicians to go to the US).

No. But it is the just desserts the Canadian government gets for their poor planning and unfair and unjust treatment of otherwise suitably trained professionals.

One disconnect here is between the canadian goverment on one side, and the provincial physicians colleges and the RCPSC on the other hand. The goverment (mostly at the provinical level) tries to come up with all kinds of programs to increase the supply of physicians, the RCPSC and the provincial registration boards try to sabotage each one of them.
But in general, I agree that they get what they deserve. If they weren't such a@@%% about recognizing US qualifications (and would fix some problems in their physician reimbursement structure), the net leakage of canadian docs to the US would be far lower.

(btw. I am not canadian, and the country I come from is very aware of the J1 system. Our constitution specifically provides for ones freedom to choose where to live and work. As a result, the goverment provides me with administrative and consular support if I choose not to live and work at home.)