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Extenuating Circumstances for J-1 Waiver Transfer Approved Where Physician was Required to Work at a Location That is not Designated as HPSA, MUP or MUA

April 18, 2013 - This family practice physician was originally approved for a J-1 waiver position in Texas in which the employer and physician agreed and represented that the physician would work at least 40 hours per week in a medically underserved area. After the approval however, his employer changed his scheduled and required that he work 20 hours at a different location that was not identified in the waiver applications. That location was also not medically underserved. His hours at the medically underserved location were also reduced to 20, instead of 40. The physician complained to the employer that his visa and waiver completion status were being jeopardized. The employer, however, insisted that he continue with that arrangement in violation of the agreements and representations made to the State Conrad 30 Program, the Department of State and USCIS.

The physician then retained us to prepare the J-1 waiver transfer petition in which we claimed that extenuating circumstances are met where a physician’s visa status is in jeopardy as a result of an employer’s insistence that he work at an unapproved and unqualified location. We filed the petition on March 29, 2013 and requested premium processing. Upon review, the USCIS approved the waiver transfer application on April 18, 2013.

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