1. Klasko Immigration Law Partners, LLP
J-1 Waivers
Tuesday, November 1, 2016
Lisa T. Felix, Esq. (Attorney)
William C. Trevethick (Account Manager)
Klasko Immigration Law Partners, LLP
Philadelphia  New York

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. William Trevethick
William Trevethick is an immigration professional and has been providing immigration assistance and solutions to multinational corporations, leading universities, research institutions, hospitals, and individuals for more than 8 years. William is an Account Manager at Klasko Immigration Law Partners, with offices in Philadelphia and New York. William manages and oversees the preparation and filing of nonimmigrant and immigrant cases and assists U.S. and international clients hire and transfer foreign employees as well as foreign individuals seeking employment in the United States. William received his undergraduate degree from Muhlenberg College in 2007.

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 (home country or U.S. funding)
Graduate medical education or training
For more information, visit

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
For more information, visit

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
For more information, visit

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
For more information, visit

8. Visa Options Without Needing Waiver
Anything other than H or L visa, change of status (in the U.S.), adjustment of status (I-485), or Immigrant Visa
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 & does not need to be consecutive
For more information, visit

10. J-1 Waiver Types No objection statement
Exceptional hardship to qualifying relatives
Persecution
Interested government agency
For more information, visit

11. No Objection Statement
Quickest and easiest waiver
Usually not helpful if U.S. or international organization funding
Not available to all J-1
Attitudes of different countries
For more information, visit

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
For more information, visit

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

14. Persecution Waiver Individualized persecution Similar to asylum
For more information, visit

15. Interested Government Agency Waivers
Research track
Clinical track
For more information, visit

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
For more information, visit

17. 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
For more information, visit

18. 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
For more information, visit

19. 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
For more information, visit

20. 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
For more information, visit

21. Materials
Please visit to download this PowerPoint presentation and relevant articles.
For more information, visit

22. Questions?
For more information, visit

23. For Further Information
Lisa T. Felix, Esq.
William C. Trevethick

24. online

25. 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 © 2016 Klasko Immigration Law Partners, LLP. All rights reserved.
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