Overview: This past J-1 Waiver season was fraught with delays, legal changes, and uncertainty. Processes that we had to come to rely on for years seemed to change drastically overnight. Unfortunately, we do not expect these new developments to slow down anytime soon, which means physicians and their employer sponsors need to be ready earlier than ever to make their J-1 Waiver filings.
Step 1: Job Offer and Contract
The first, and often most critical step, in this process is obtaining a job offer and signing an employment contract. Without a job offer and contract, immigration attorneys are unable to start the J-1 Waiver filing. Physicians need to start their job search early and lock in their job offer as soon as possible. When deciding between offers remember that employer sponsors should be willing to devote substantial financial and administrative resources to this process. It is important that you meet with your prospective employer’s immigration attorney to ensure that they have a case plan that will work for you. Make sure to discuss their strategy for the J-1 Waiver process, obtaining an H-1B visa, long-term green card sponsorship, and support for dependent filings.
It is okay if your prospective employer is new to J-1 Waivers, we are always happy to help guide new companies through this process! However, ensure that your prospective employer is willing to take the time to engage with your immigration attorney to learn what they need to do in order to support your immigration needs. Additionally, make sure the immigration attorney you are going to work with actually understands your immigration needs as well. The J-1 Waiver process can be confusing and is outside of the expertise of many immigration attorneys who do not regularly practice healthcare immigration. Fortunately, there are experienced healthcare immigration attorneys, like our team at Bernstein Shur, that are very familiar with the specific nuances and challenges that you may encounter.
Step 2: Preparing the J-1 Waiver Application
Once you have signed your offer letter, the hard work starts. Depending on what J-1 Waiver program you are using, there may be hard deadlines that you and your immigration team need to meet. For example, in Maine, the filing season for the State Conrad 30 slots opens on October 1st. This means you need to have your petition finalized by September 30th. If you wait too long to file in some states, your petition may not be considered at all or you may be placed toward the bottom of the list for consideration.
Your immigration attorney will likely reach out to request required documentation and information. It is important to complete these requests as soon as possible because this documentation and information is required to draft forms that will require the signature of both you and your prospective employer. In some states these forms require original signatures or notarization, so it is important to have enough time to complete those additional tasks before your petition must be filed. Additionally, you will likely need evidence of a pending state medical license in order to file your J-1 Waiver application. The medical license application process can be time consuming, and while you may not need an approved license to submit your J-1 Waiver, you will need an approved medical license for your H-1B petition. Start your medical license application process as soon as possible to avoid delays with your case.
When compiling the required documentation, make sure you have copies of all of the Forms DS-2019 that you have ever been issued. This includes Forms DS-2019 from different training programs and even from different activities, such as serving as a research scholar. Additionally, make sure to communicate with your immigration attorney if you have any dependents who are on a J-2 visa or if you have ever received government financing while in J-1 status. Information related to dependents and government financing must be included in your J-1 Waiver application and may require you to obtain additional documentation.
Once you have signed your forms and returned them to your immigration attorney, their office will finalize and submit your application. Depending on the J-1 Waiver program you applied for, the wait time for a response can range from several weeks to several months. Make sure to closely monitor your email for updates from your immigration attorney regarding selection and if additional information is required.
It is important to note that selection is not guaranteed, so make sure to explore backup options with your immigration attorney in the event that you do not get your first choice.
Step 3: Processing at the Department of State and U.S. Citizenship and Immigration Services
If you are selected for a J-1 Waiver, your application will then be sent to the Department of State. Processing times at the Department of State vary drastically, which means the sooner you can submit your J-1 Waiver application, the better. At one point this past season, the Department of State took almost 16 weeks to review applications.
Once the Department of State has completed its review, your case moves to processing at U.S. Citizenship and Immigration Services (USCIS). Processing times at USCIS can also vary drastically. Historically, once you receive your I-612 Receipt Notice for your J-1 Waiver Application, you can file your H-1B (I-129) Petition using the Premium Processing Service, and USCIS would adjudicate both the I-612 and the I-129 within the 15 business-day timeframe. USCIS has not been routinely honoring this practice. USCIS has started to issue Requests for Evidence (RFEs) for the I-612 Approval Notice if an H-1B Petition is filed without the final I-612 Approval Notice. This means it is important to start your J-1 Waiver process as soon as possible so that you have your I-612 Approval Notice well in advance of filing your H-1B Petition.
Use this past J-1 Waiver season as a lesson; immigration law is changing—and changing quickly. Processing times are increasing, standards are shifting, and getting approvals is becoming more challenging. Do not get caught off guard; plan ahead, and file early! Please reach out to the Immigration Practice Group at Bernstein Shur to start your J-1 Waiver process now.
Bernstein Shur’s Immigration Law practice group helps employers navigate an increasingly complex immigration landscape through proactive, compliant strategies that support recruitment, retention, and long-term workforce planning. The group advises businesses across industries—particularly in health care and highly regulated sectors—on matters ranging from temporary work visas and employment-based green cards to I-9 compliance and audit preparedness.
Michael Murray is a shareholder and Chair of the Immigration Law group who advises employers on health care and business immigration strategy, including visa planning, compliance frameworks, and workforce planning to support recruitment, retention, and long-term stability. He can be reached at [email protected].
Olivia Shaw is an associate in the Immigration Law group who advises employers on obtaining temporary work authorization and permanent residence for their employees, with particular experience in health care immigration and business immigration strategies. She can be reached at [email protected].