A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Saturday, May 30, 2020

How "Telehealth" and Missing Work Will Affect J Visa Healthcare Workers

If you are a J visa medical trainee/student completing your program during these rough times, you may be thinking of transitioning straight to working through a J-visa waiver. This waiver, through the Conrad 30 Waiver program, allows foreign medical graduates to forgo the J visa's 2 year residence requirement and gain H-1B status.

Qualifying medical graduates will have to work full-time, or 40 hours per week, to maintain their status. The ongoing Public Health Emergency, however, has made it difficult to travel to and carry out work. Thankfully, those that miss work due to the pandemic and the resulting "Public Health Emergency" will not lose their waiver and status. USCIS announced that workers that cannot work due to pandemic-related issues such as illness, quarantine, or travel restrictions, will not be charged with violating their contract.

USCIS and DoS (Dept. of State) also explained their stance on telehealth services. Telehealth refers to using electronic telecommunication means to render long-distance health services to patients. It is deemed an acceptable form of service, provided that the worker serve patients in a designated shortage area through their contracting facility (per their contract).

These provisions on full-time work and telehealth services will apply to periods between January 27, 2020 and the end of the Public Health Emergency.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

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