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Clinical J-1 Waivers—A Primer - AILA webCLE

Copyright 2009, American Immigration Lawyers Association. Reprinted, with permission, from Immigration & Nationality Law Handbook (2009 10 Edition), available from AILA Publications, 1-800-982-2839, Clinical J-1 WAIVERS A Primer . by Benjamin T. Kurten, Jennifer A. Minear, and Elahe Najfabadi . According to the Educational Commission for Foreign Medical Graduates (ECFMG), more than 6,000 for- eign medical graduates applied for J-1 sponsorship to begin or extend participation in Clinical residency or fellowship training in the United States in 2007 08. 1 All foreign physicians who receive graduate medical training in J-1 nonimmigrant status must either return to their home country or country of last residence for an aggregate of two years, or obtain a waiver of that requirement before becoming eligible to: (1) apply for an immigrant visa; (2) adjust status; (3) apply for an H or L nonimmigrant visa; 2 or (4) change to almost any other nonimmigrant status within the United States. 3 While many J-1 physicians choose to return home at the completion of their J-1 education or training, those who prefer to remain in the United States indefinitely must obtain a waiver of the two-year foreign residency requirement.

491 islative history.4 Among other things, that article is noteworthy for pointing out that the earliest state-.

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