1. Klasko Immigration Law Partners, LLP
J-1 Waivers
for Academics
Lisa T. Felix, Esq. | Michelle T. Kobler, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia  New York  Chicago

2. Lisa T. Felix, Esq.
Lisa Felix represents corporate and educational clients who seek to hire or transfer foreign employees, as well as foreign individuals seeking employment in the United States. She advises employers on immigration compliance, responding to government investigations, and immigration strategy and planning.
Before practicing as an attorney, Lisa worked extensively in higher education, providing immigration services to students, faculty, researchers, and administrators at the University of Pennsylvania, the State University of New York at Buffalo, and at Southern Illinois University–Carbondale’s branch campus in Niigata, Japan.
Lisa is an active member of the American Immigration Lawyers Association, where she has served as co-chair of the AILA Philadelphia Chapter's Pro Bono Committee, and on the organizing committee of the chapter’s annual conference. Lisa is a returning member of NAFSA: Association of International Educators.
Lisa is a 2005 graduate of Temple University’s Beasley School of Law.

3. Michelle T. Kobler, Esq.
Michelle Kobler is an Associate in the Firm’s Philadelphia office, and focuses her practice on both employment-based and family-based immigration.
A graduate of Wellesley College (B.A., 2006), Michelle received her law degree from the George Washington University Law School (J.D., with Honors, 2011). Michelle is currently admitted to practice in New York and Massachusetts and is a member of the American Immigration Lawyers Association. She has experience representing clients before Immigration Court and the Citizenship and Immigration Services.

4. Who needs a waiver? Who decides about the 2 year return requirement?
USCIS – not DOS
Visa, DS 2019, advisory opinion not determinative
Only subject if:
Skills list
Government financing
Graduate medical education or training

5. Who needs a waiver? Skills list advocacy
(cont’d)
Skills list advocacy
Country of citizenship or country of last residence
Country of last residence vs. country of last permanent residence
Proving different skills list category
Effect of new country of citizenship
“Impossibility” of fulfillment argument

6. Who needs a waiver? Government financing advocacy
(cont’d)
Government financing advocacy
Must be during J status
Indirect government financing
Funds earmarked for exchange program

7. Who needs a waiver? Medical Doctors Not subject if:
(cont’d)
Medical Doctors
Not subject if:
Not in the U.S. for medical education or training
Observation, consultation, teaching or research with incidental patient care under direct supervision of U.S. doctor
ECFMG research fellowship

8. Visa Options Without Needing Waiver
Anything other than H or L visa or change of status
O-1, TN-1, F-1, E-3 = ok
Canadian doctor H-1B visa-exempt entry = ok?
Change of status from F-1 (or other) to H-1B = ok
Labor certification and I-140 can be approved
DS230 can be filed
I-485 cannot be filed (except clinical NIW)

9. Fulfilling the Two-Year Return Requirement
Return to country of nationality or last residence?
Can be fulfilled in smaller segments

10. J-1 Waiver Types No objection statement
Exceptional hardship to qualifying relatives
Persecution
Interested government agency

11. No Objection Statement
Quickest and easiest waiver
Usually not helpful if U.S. or international organization funding
Researchers only
Attitudes of different countries

12. No Objection Statement Process
File DS-3035 online and pay fee
Request home government statement (each country’s process is different). Statement is sent directly to DOS
When DOS recommends, they forward to USCIS
USCIS issues approval

13. Exceptional Hardship Waiver
Hardship to U.S. citizen or LPR spouse or child
Hardship must be “exceptional”
Very difficult standard

14. Persecution Waiver
Individualized persecution
Similar to asylum

15. Interested Government Agency Waivers
Research track
Clinical track

16. IGA Research Waivers
Usually limited to agency contracts, grants or research programs
Examples include NSF, DOD, NASA, DOE
Peer review process – unlike USCIS filings
Practice Pointer: Ask about these implications and/or waiver support before applying for or accepting funding

17. HHS Research Waivers Key Issues Importance of research program
Does not have to be NIH funded
Essentiality and uniqueness of foreign national
Recruitment (unavailability of U.S. researchers)
Future of program and future of foreign national
Bench research (at least 30 hours per week) vs. clinical research
Excellence of foreign national’s research

18. HHS Research Waivers Technically focused
(cont’d)
Technically focused
Involvement of NIH scientists familiar with the research
Reconsideration of denials
Impact of Fulbright funding
Timing

19. Clinical Waivers Choosing state vs. federal agency
Choosing between states
Cannot file more than one
HPSA or MUA or FLEX 10 or V.A.
Must be 3 years in H-1B
“Extraordinary circumstances” to change employers

20. Conrad 30 Waivers Each state has different rules/applications
Must be HPSA or MUA
Except FLEX 10
Agree to begin employment within 90 days of receiving waiver
Can delay if still in training program
Can expedite by filing H-1B before CIS approves waiver

21. Other Federal Government Agency Clinical Waivers
Issues in common
40 hours in HPSA or MUA
Except VA
Primary care
General practice, family practice, internal medicine, psychiatry, pediatrics, OBGYN
Except VA and DRA

22. HHS Clinical Waivers HPSA of 7 or higher Need state DOH support letter
Must file within 12 months of completion of primary care residency
Limited to rural health clinics, certain native American facilities and HRSA-grant health centers
Very long process – not user friendly

23. Questions?

24. For Further Information
Lisa T. Felix, Esq.
Michelle T. Kobler, Esq.

25. online www.klaskolaw.com www.eb1immigration.com

26. DISCLAIMER / COPYRIGHT NOTICE
The materials contained in this PowerPoint does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Copyright © 2015 Klasko Immigration Law Partners, LLP. All rights reserved.
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