Employment-Based Immigration: First Preference EB-1

Employment-Based Immigration: First Preference EB-1 You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met: Eligibility Criteria Categories Description Evidence You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

Extraordinary You must be able to demonstrate Ability extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. Outstanding professors and researchers You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.

Multinational You must have been employed outside manager or the United States in the 3 years executive preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a

Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

subsidiary of the employer.

* Criteria for Demonstrating Extraordinary Ability You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence Evidence of your membership in associations in the field which demand outstanding achievement of their members Evidence of published material about you in professional or major trade publications or other major media Evidence that you have been asked to judge the work of others, either individually or on a panel Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field Evidence of your authorship of scholarly articles in professional or major trade publications or other major media Evidence that your work has been displayed at artistic exhibitions or showcases Evidence of your performance of a leading or critical role in distinguished organizations Evidence that you command a high salary or other significantly high remuneration in relation to others in the field Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

Evidence of receipt of major prizes or awards for outstanding achievement Evidence of membership in associations that require their members to demonstrate outstanding achievement Evidence of published material in professional publications written by others about the alien's work in the academic field Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field Evidence of original scientific or scholarly research contributions in the field

Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Application Process

Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker. Outstanding Professors and Researchers: Your employer must file a Form I140, Petition for Alien Worker. Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker.

Employment-Based Immigration: Second Preference EB-2

Employment-Based Immigration: Second Preference EB-2 You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements: Eligibility Criteria SubCategories Advanced Degree Description Evidence

The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).

Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive postbaccalaureate work experience in the specialty.

Exceptional Ability

You must be able to show exceptional You must meet at least three of ability in the sciences, arts, or the criteria below.* business. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

National Interest Waiver

* Criteria

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability Letters documenting at least 10 years of full-time experience in your occupation A license to practice your profession or certification for your profession or occupation Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability Membership in a professional association(s) Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations Other comparable evidence of eligibility is also acceptable.

Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form

ETA-750. Please see the Department of Labors Foreign Labor Certification link to the right for more information. To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. For more information about filing, see the Forms link to the right. Family of EB-2 Visa Holders Your spouse and children under the age of 18 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

Employment-Based Immigration: Third Preference EB-3

Employment-Based Immigration: Third Preference EB-3 You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

Skilled workers are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature Professionals are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions The other workers subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Eligibility Criteria Subcategories Skilled Workers

Evidence

Certification

You must be able to demonstrate at least 2 years of job experience or training You must be performing work for which qualified workers are not available in the United States You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and

Labor certification and a permanent, full-time job offer required.

Professionals

Labor certification and a permanent, full-time job offer required.

that a baccalaureate degree is the normal requirement for entry into the occupation

You must be performing work for which qualified workers are not available in the United States Education and experience may not be substituted for a baccalaureate degree Labor certification and a permanent, full-time job offer required.

Unskilled Workers (Other Workers)

You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the "other workers" category. See the Department of State: Visa Bulletin link to the right. U.S. Department of Labor Labor Certification

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information, see the Department of Labor: Foreign Labor Certification link to the right. Application Process

Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage. For more information on filing fees, see the File My Application Online link to the right.

Family of EB-3 Visa Holders Your spouse may be admitted to the United States in E34 (spouse of a skilled worker or professional) or EW4 (spouse of an other worker). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 18) may be admitted as E35 (child of a skilled worker or professional) or EW5 (child of an other worker).

Employment-Based Immigration: Fourth Preference EB-4

OMB Control No. 1615-0064; Expiration Date 02/29/2012 Employment-Based Immigration: Fourth Preference EB-4 You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

Religious Workers Broadcasters Iraqi/Afghan Translators Iraqis Who Have Assisted the United States International Organization Employees Physicians Armed Forces Members Panama Canal Zone Employees Retired NATO-6 employees Spouses and Children of Deceased NATO-6 employees

Petitioning for an Employment-Based Fourth Preference Immigrant To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self petition and what required supporting evidence needs to be included. Family of EB-4 Visa Holders

Your spouse may also be admitted to the United States. Your children, unmarried under the age of 21, may be admitted to the United States. For more information please the appropriate Green Card link to the right. Broadcasters Under section 203(b)(4) of the Immigration and Nationality Act, the International Broadcasting Bureau of the United States Broadcasting Board of Governors (BBG), or a grantee of the BBG, may petition for an alien (and the aliens accompanying spouse and children) to work as a broadcaster for the BBG or a grantee of the BBG in the United States. For the purposes of this section, the terms:

BBG grantee means Radio Free Asia, Inc (RFA) or Radio Free Europe/Radio Liberty, Inc. (RFE/RL) Broadcaster means a reporter, writer, translator, editor, producer or announcer for news broadcasts; hosts for news broadcasts, news analysis, editorial and other broadcast features; or a news analysis specialist. The term broadcaster does not include individuals performing purely technical or support services for the BBG or a BBG grantee.

All Form I-360 petitions submitted by the BBG or a BBG grantee on behalf of an alien for a broadcaster position with the BBG or BBG grantee must be accompanied by a signed and dated supplemental attestation that contains the following information about the prospective alien broadcaster: (i) The job title and a full description of the job to be performed; and (ii) The broadcasting expertise held by the alien, including how long the alien has been performing duties that relate to the prospective position or a statement as to how the alien possesses the necessary skills that make him or her qualified for the broadcastingrelated position within the BBG or BBG grantee. Follow the instructions on Form I-360 on where to file your petition.

EB-5 Immigrant Investor

Visa Description
USCIS administers the Immigrant Investor Program, also known as EB-5, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:

Established after Nov. 29, 1990, or Established on or before Nov. 29, 1990, that is: 1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or 2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

A sole proprietorship Partnership (whether limited or general) Holding company Joint venture Corporation Business trust or other entity, which may be publicly or privately owned

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business. Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

Job Creation Requirements

Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investors admission to the United States as a Conditional Permanent Resident. Create or preserve either direct or indirect jobs: Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital. Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Note: Investors may only be credited with preserving jobs in a troubled business.

A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investors Form I-526. The loss for this period must be at least 20 percent of the troubled business net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded. A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States. Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the Immigrant Investor Pilot Program, "full-time employment" also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program. A job-sharing arrangement whereby two or more qualifying employees share a fulltime position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or fulltime equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workmans compensation and unemployment premiums for the position by the employer.

Capital Investment Requirements

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act. Note: Investment capital cannot be borrowed. Required minimum investments are:

General. The minimum qualifying investment in the United States is $1 million. Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate. A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

Students and Employment

If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas. You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

You must be enrolled in an "academic" educational program, a language-training program, or a vocational program Your school must be approved by USCIS You must be enrolled as a full-time student at the institution You must be proficient in English or be enrolled in courses leading to English proficiency You must have sufficient funds available for self-support during the entire proposed course of study You must maintain a residence abroad which he/she has no intention of giving up.

F-1 Student Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

M-1 Student Visa

The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.

Employment
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:

Curricular Practical Training (CPT) Optional Practical Training (OPT) (pre-completion or post-completion) Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

M-1 students may engage in practical training only after they have completed their studies. For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS. For more information on the Student and Exchange Visitors Program, see the Student & Exchange Visitor Program, Immigration & Customs Enforcement link to the right.

Special Instructions
If you are a B-1 or B-2 Visitor who wants to enroll in school, please see the "Special Instructions for B-1/B-2 Visitors" link to the right.

Exchange Visitors
The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the

interchange or persons, knowledge, and skills, in the fields of education, arts, and science. Examples of exchange visitors include, but are not limited to:

Professors or scholars Research assistants Students Trainees Teachers Specialists Nannies/Au pairs Camp counselors

Application Process
The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program, so the first step in obtaining a J-1 visa is to submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66). This form will be provided by your sponsoring agency. You should work closely with the officials at your sponsoring agency who will be assisting you through this process. An official who is authorized to issue Form DS-2019 is known as a Responsible Officer (RO) or Alternate Responsible Officer (ARO). Your RO or ARO will explain to you what documents are needed in order to be issued a DS-2019. After you have obtained a Form DS-2019, you may then apply for a J-1 visa through the U.S. Department of State at a U.S. embassy or consulate. The waiting time for an interview appointment for applicants can vary, so submitting your visa application as early as possible is strongly encouraged (though you may not enter the United States in J-1 status more than 30 days before your program begins).

Employment
Some J-1 nonimmigrants enter the United States specifically to work (as a researcher, nanny, etc.) while others do not. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program. Please check with your sponsoring agency for more information on any restrictions that may apply to you working in the United States.

Family of J-1 Visa Holders

Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your spouse and children are entitled to work authorization; however, their income may not be used to support you. To apply for work authorization as a J-2 nonimmigrant, your spouse or child would file Form I-765, Application for Employment Authorization. For more information on the application procedures, see the Work Authorization link to the right.

Conrad 30 Waiver Program

The Conrad 30 Waiver program allows J-1 medical doctors to apply for a waiver for the 2-year residence requirement upon completion of the J-1 exchange visitor program. See section 214(l) of the Immigration Nationality Act (INA). The program addresses the shortage of qualified doctors in medically underserved areas. For more information, see the background on J-1 medical status section below.

Eligibility
Although each state has developed its own application rules and guidelines, the following program requirements apply to all J-1 medical doctors. The J-1 medical doctor must:

Agree to be employed full-time in H-1B nonimmigrant status at a health care facility located in an area designated by U.S. Department of Health and Human Services (HHS) as a Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA), or Medically Underserved Population (MUP). To find shortage areas nationwide, visit the HHS website. Obtain a contract from the health care facility located in an area designated by HHS as a HPSA, MUA, or MUP Obtain a no objection letter from his or her home country if the home government funded his or her exchange program Agree to begin employment at the health care facility within 90 days of receipt of the waiver, not the date his or her J-1 visa expires

See your states public health department website for specific details.

Application Process
To apply for a waiver, a J-1 medical doctor must:

Obtain the sponsorship of a state health department Complete the U.S. Department of State (DOS) Form DS-3035, J-1 Visa Waiver Review Application

The state public health department that agreed to sponsor the J-1 medical doctor for a waiver must then send the waiver application to the DOS Waiver Review Division (DOSWRD) for a recommendation. For more information regarding DOS filing procedures and documentation requirements, please see the Department of State website.

After DOS Makes a Recommendation

DOS-WRD will notify USCIS electronically of its recommendation. DOS will notify the J1 medical doctor, attorney of record (if applicable), and the state agency that requested the waiver by mail. USCIS will make a final determination on whether to approve the waiver application. Upon a favorable recommendation by DOS-WRD, USCIS will generally grant the waiver as long as there are no underlying concerns. USCIS will provide written notice of its decision to the J-1 medical doctor and his or her representative (if applicable).

Responsibilities After Being Granted a Waiver

If USCIS grants the waiver:

The petitioner must submit a Form I-129, Petition for a Nonimmigrant Worker, along with the DOS-WRD favorable recommendation letter, in order to request a change of the J-1 medical doctors nonimmigrant status to H-1B. The spouse and/or child of the waiver recipient must submit Form I-539, Application to Extend/Change Nonimmigrant Status, in order to change status from J-2 to H-4 nonimmigrant status. The J-1 medical doctor must practice medicine for at least three years in an area designated by HHS as a HPSA, MUA, or MUP.

Once the Conrad 30 waiver recipient has fulfilled all of the terms and conditions imposed on the waiver, including the 3-year period of employment with the health care facility, he or she (and his or her spouse and/or child) will become eligible to apply for:

An immigrant visa Permanent residence H or L nonimmigrant visa

If waiver recipient fails to fulfill the terms and conditions imposed on the waiver, he or she (and his or her spouse and/or child) will once again become subject to the 2-year foreign residence requirement under section 212(e) of the INA.

Frequently Asked Questions

Q1. Does a J-1 medical doctor need to file Form I-612, Application for Waiver of the Foreign Residence Requirement, in order to apply for a Conrad 30 Waiver? A1. No, the Form I-612 is not required. Q.2 The law requires the recipient of a Conrad 30 waiver to work full-time for three continuous years. What is the definition of full-time work? A2. DOS considers full-time employment to be 40 hours per week. Q3. If a J-1 medical doctor is granted a Conrad 30 waiver and H-1B status, may he or she change employers if the original health care facility closes? A3. Depending on the circumstances, USCIS may consider the closure of the health care facility named in the waiver application an extenuating circumstance excusing early termination of employment. A J-1 medical doctor who is granted a Conrad 30 waiver and H-1B status must comply with the terms and conditions of that nonimmigrant status. Such compliance includes the petitioner notifying USCIS of any material changes in the terms and conditions of the H-1B employment by either filing an amended or new H-1B petition, as required, under 8 CFR 214.2(h)(2)(i)(D), 214.2(h)(2)(E), and 214.2(h)(11). USCIS may excuse early termination of the 3-year period of employment with the health care facility named in the Conrad 30 waiver application and H-1B petition due to extenuating circumstances. Examples of extenuating circumstances include closure of the health care facility or hardship to the alien. In determining whether to excuse such early termination of employment, USCIS will base its decision on the specific facts of each case. In all cases, the burden to establish eligibility for a favorable exercise of discretion rests with the H-1B medical doctor. Another health care facility may seek to employ such a waiver recipient (before the time the recipient has completed his or her 3-year contract named in the waiver application and the original H-1B petition) by filing a new H-1B petition with USCIS. See 8 CFR 214.2(h)(2)(i)(D) and (E). Although the state public health department does not need to file a new waiver application with DOS, the new H-1B petition must be accompanied by the documentary evidence generally required under 8 CFR 214.2(h), including:

An explanation from the waiver recipient, with supporting evidence, establishing that extenuating circumstances necessitate a change of employment Evidence that the geographic area or areas of intended employment have been designated by HHS as a HPSA, MUA, or MUP

The new H-1B petition will not be approved unless USCIS determines that the waiver recipient has established the existence of extenuating circumstances that excuse early termination of employment as stated in the terms and conditions in the original H-1B petition.

Q4. Can the recipient of a Conrad waiver who is in H-1B status begin employment at a new health care facility after the extenuating circumstances H-1B petition is filed and while it is pending? A4. Yes. The waiver recipient may begin employment with the new employer after the new H-1B petition is filed and while it is pending. However, if the new petition is denied, employment authorization shall cease and the waiver recipient will become subject to the 2-year foreign residence requirement under section 212(e) of the INA. Q5. What are the reporting requirements for the health care facility named in the waiver application and H-1B petition if the waiver recipient fails to fulfill the 3-year employment contract, or if he or she changes employers? A5. If the health care facility no longer employs the waiver recipient, the health care facility must immediately send a letter explaining the changes in the terms and conditions of employment of the waiver recipient to the Service Center that approved the I-129 petition, as is required, under 8 CFR 214.2(h)(11)(i)(A). Q6. Can the spouse and/or child of a waiver recipient who has not yet fulfilled the terms and conditions of the Conrad 30 waiver independently apply for waiver of the 2-year foreign residence requirement? A6. According to the DOS website, the spouse and/or child of a waiver recipient can independently apply for a waiver only if the principal waiver recipient has died, the spouse has divorced the principal waiver recipient, or if the child is over age 21. Q7. How does a Conrad 30 waiver recipient (or some other concerned individual) report wage and labor related abuse? A7. The Department of Labors Wage and Hour Division (WHD) is responsible f or enforcing worker protections in certain temporary worker programs including the H-1B program. For information pertaining to how you can report wage and labor related abuse, please see Department of Labors WHD webpage.

Background on J-1 medical status

A J-1 exchange visitor who came to the United States or acquired such status in order to receive graduate medical education or training (a J-1 medical doctor) is generally ineligible to apply for:

An immigrant visa Permanent residence H or L nonimmigrant status

To be eligible to do so, a J-1 exchange visitor must have resided and been physically present in his or her country of nationality or last residence for at least 2 years (the 2year foreign residence requirement) upon completion of the J-1 exchange visitor program. Any spouse or child admitted as an accompanying J-2 status holder is also subject to the 2-year foreign residence requirement. See section 212(e) of the INA.

A J-1 medical doctor (and his or her J-2 spouse and/or child) is ineligible to change from J nonimmigrant status to any other nonimmigrant status (except in certain cases to A, G, T, or U). See section 248(a)(2) of the INA