An IMG physician retained our services to change employers after serving a year and half of their J-1 Waiver 3-year requirement. The Internal Medicine and Cardiac Imaging Specialist physician experienced an incident at their workplace in which a patient was aggressive and caused the doctor to fear for their safety. Management was unresponsive and responded by frequently raising minor issues regarding the doctor's work. We argued that the doctor was clearly terminated in a retaliatory manner that was not related to their actual performance. The physician was then out-of-status with 60 days to find a new employer and successfully regain authorization to complete their J-1 Waiver term elsewhere.

We worked with the physician to pinpoint the strong aspects of their case, and what evidence would best support an argument for "extenuating circumstances." This is the key point to any J-1 Waiver Transfer case. Additionally, USCIS issued an RFE calling into question the eligibility of the worksite proposed with the new employer. While RFEs are common with J-1 waiver transfers, the response is critical in attaining an approval. After working closely with the doctor, we were able to successfully argue that the physician's situation deserved approval of the transfer and that the proposed hospital met the requirement of being in an underserved area. This physician moved from employment in New York City to Philadelphia, Pennsylvania. The total time from submission to approval was 3 ½ months.