Immigration Services

Immigration Services

For Physicians


J-1 Waiver Application Based on Recommendation of HHS


In order to qualify for a favorable recommendation from the U.S. Department of Health and Human Services (HHS) research waiver program, you and your employer must demonstrate that:
  • Your research program is of high priority or significance in an area of interest to HHS;
  • You are an essential part of the program, and without you the program, or a major part of it, would discontinue; and
  • You can make original and significant contributions to the program and possess outstanding qualifications, training and experience beyond the usually expected accomplishments at the graduate, postgraduate, and residency levels.
This is a high legal standard, and we will carefully evaluate your credentials before proceeding with the case. To meet this legal standard, your application must include a detailed description of your accomplishments and role in the research program, as well as an analysis of the program’s significance and benefit to the national or international interests and the interests of HHS. Specifically, we will need to prove that:
  • Your research serves the national or international public interest;
  • You are essential to the program and will contribute to the program long-term;
  • Your program is collaborative in nature, and your expertise is unique, compared to other personnel engaged in the program;
  • Your employer has made efforts to recruit for your position at a fair market rate and was unable to find a suitable replacement;
  • Loss of your services will seriously restrain the success of the program or its major part;
  • Your employer has made long-range plans for you; and
  • You are uniquely equipped to make original contributions to the research program based on your outstanding qualifications and special accomplishments, as confirmed by external recommendation letters.
If you are able to meet these criteria, HHS will act as an interested government agency on your behalf and recommend to the U.S. Department of State (DOS) that it is in the public interest to issue you a waiver of the two-year foreign residence requirement.


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