J-1 Visa Waiver Program

• Prior to applying for a waiver, an applicant must send a completed Data Sheet (form DS-3035), two self-addressed, stamped, legal-size envelopes, and the current filing fee to the U.S. Department of State (USDOS) and receive a case number.
   
  • The case number must appear on all future documents filed with the waiver application. It is recommended that the applicant does this through a qualified immigration attorney to ensure proper filling. Please do not submit this request to the fee and to the North Dakota Primary Care Office (NDPCO). 

• Application is made to the North Dakota Primary Care Office (NDPCO) requesting a waiver of a J-1 Physician.
   
• It is recommended that waiver requests be submitted from a health care facility or an immigration law professional representing the health care facility on behalf of a J-1 Physician. J-1 Physicians cannot apply for a waiver themselves.
   
• Two copies of the required information and documentation must be submitted, in the order outlined in the checklist, in a single package to the NDPCO. All the documents must contain the case number previously assigned by the USDOS.  
   
• Applications submitted to the NDPCO must contain all required documentation and ready to submit to the USDOS before the NDPCO will assign a review number to the application. 
   
• A NDPCO review number will not be assigned until the application has been reviewed by NDPCO, and determined complete. If any required documentation is missing, the application will be removed from the queue and returned to the applicant. The original review number will not be assigned to returned applications. Another completed, or revised, application may be resubmitted; however, a new review number and position in the queue for review will be assigned. No amendments to the application will be allowed while the application is under review. The review process may be modified or discontinued at any time. The NDPCO reserves the right to recommend or decline any request for a waiver and may prioritize applications to ensure access to healthcare services for citizens of the state and will make the decision whether to recommend a request for the waiver. Final waiver recommendations to USDOS will be given by the North Dakota State Health Officer. The review process can take two to four weeks.
   
• For flex waivers, one waiver per month per organization will be permitted for review until all flex waivers are used. If a flex waiver application is returned due to incompleteness, it may be resubmitted in that same month for that same J-1 Physician to comply with the “one waiver per month per organization” rule. A second waiver packet for a different J-1 Physician cannot be submitted in the same month a returned application occurs. The same rule as above applies in that a review number will not be assigned until a completed application is submitted and reviewed for completeness by NDPCO.
   
• Mail completed waiver application packets to NDPCO representative:
  Stacy Kusler
  Center for Rural Health, Primary Care Office
  University of North Dakota School of Medicine & Health Sciences
  1301 N Columbia Road, STOP 9037
  Grand Forks, ND 58202-9037

• If the waiver application is approved by the NDPCO, the application will be sent to the USDOS (See Sample Letter from North Dakota Department of Health and Human Services to USDOS). 
• USDOS reviews the J-1 waiver application and considers the state recommendations. If approved, the application/ recommendation is sent to the U.S. Citizenship and Immigration Service to provide the final waiver approval, approval process may take between two to six weeks. 

Reporting measures are put in place in by the NDPCO to ensure both the physician and employer/service site(s) are in compliance with the Conrad 30 J-1 Visa Waiver program, and that the requirements of the ND J-1 Policy and Guidelines are being met. 

The following reports are required for compliance for this program:

• The physician and employer will complete a survey, at the beginning, at the end of each year, and at the end of their contract through PRISM.  
   

• If the service site(s) named in the waiver, is due to close before the obligated three-year service, the J-1 Physician and immigration attorney must notify U.S. Citizenship and Immigration Service (USCIS) and receive approval from this agency for the change. Depending on the circumstances, USCIS may consider the closure of the health care facility named in the waiver application as an extenuating circumstance, excusing early termination of employment. 
• The J-1 Physician granted a J-1 Visa waiver and H-1B status must comply with the terms and conditions of that non-immigration status. Such compliance includes notifying the USCIS of any material changes in the terms and conditions of the H-1B employment. An example of an extenuating circumstance is the closure of a health care facility or hardship to the J-1 Physician. In determining whether to excuse early termination of employment, USCIS will base its decision on the specific facts of each case. In all cases, the burden to establish eligibility rests with the physician. 
• Contract changes which result in termination of a contract, a change in practice scope, and/or relocation from a site approved in the application request must also be presented in writing to the North Dakota Primary Care Office (NDPCO) at least thirty (30) days prior to the change.

North Dakota does not encourage the transfer of employment once a waiver has been approved. If unforeseen circumstances cause the waiver recipient to transfer to or add a new practice site, notification must be made to the USCIS immediately through an immigration attorney. Notification must be presented in writing to NDPCO at least thirty (30) days prior to the change.

• Notify the NDPCO, in writing, within 10 calendar days in the event of employment termination of the J-1 Physician by the employer and/or service site(s), include the specific reason(s) for termination. 
• The NDPCO cannot provide legal advice to the employer or J-1 Physician; both parties are encouraged to seek legal counsel to assist with this issue.
   

• The change of status includes adding a new site location to the original practice site or transferring sites while working with the same employer. It is important to note that the physician’s H-1B status is address-specific. Therefore, the physician must inform USCIS of any new service site address to remain in compliance.
   
• Adding a work location or transferring work locations under the same employer is acceptable as long as the original conditions of the waiver application are met. Transferring from a designated to a non-designated practice site is not acceptable neither is adding a service site in a non-designated area while under a designated waiver. If the physician is serving in a non-designated area and wishes to add a service site in a designated area, please notify the NDPCO so designation status can be verified. In all cases, notification to USCIS must be provided by the physician or attorney.
   
• The employer and J-1 Physician need to contact NDPCO and receive approval for any changes, in writing, at least thirty (30) days in advance of any consideration of permanent changes in a service site(s) or circumstances of the J-1 Physician under the agreement. If the J-1 Physician under a designated waiver adds a service site, or is relocated to a service site that is in a non-designated HPSA, MUA, or MUP, termination of the J-1 waiver may result in breach of contract and will be reported to U.S. Department of State and USCIS.
   

It is recommended for providers to check out the National Rural Recruitment and Retention Network (3RNet) for job opportunities in North Dakota. While 3RNET offers recruitment assistance, it is ultimately up to the J-1 Physicians to find and secure employment. 

The waiver request must come from a health care facility or immigration attorney on behalf of the J-1 Physician, and not directly from the J-1 Physician. There are no fees due to the NDPCO for submission of a J-1 Visa Waiver application. It is recommended that an immigration attorney be used, and fees may be associated with services rendered by an attorney. Physicians must first apply to the U.S. Department of State (USDOS) for a case file number which you will need for the J-1 Visa waiver application, do not submit this request and fee to the NDPCO. For further instruction, see the Application Process.

Each application will be reviewed by the NDPCO to determine whether the application is complete and meets the requirements of the federal and state guidelines. The amount of time necessary to process an application varies based on level of accuracy in the initial application. If all materials are provided, the initial review process should take approximately two to six (2-6) weeks. The sponsoring legal representative will be notified when the NDPCO has decided to recommend or not recommend a waiver. Non-designated flex waiver applications may take longer. If a waiver application is approved by the NDPCO, the waiver packet will then be sent to the USDOS for further review. The U.S. Citizenship and Immigration Service (USCIS) will grant the final decision and notify the NDPCO, as well as the representative listed on the waiver application.

Once an application has been submitted to the NDPCO for consideration, the J-1 Physician needs to refer all questions regarding his/her application to the employer or immigration attorney handling their application request. All J-1 Physicians who call or e-mail regarding their status will be directed to contact their legal representative.

The NDPCO reviews J-1 Visa waiver applications initially for consideration. If the NDPCO recommends a J-1 Visa waiver, the application is sent to the USDOS for their recommendation. The USDOS submits the application to the USCIS for final determination of approval/disapproval.