Extenuating circumstances for J-1 waiver transfer approved due to J-1 waiver violations
June 24, 2013 - This pediatrician was originally approved for a J-1 waiver position in which it was agreed that the physician would work at least forty hours in a medically underserved area. Upon beginning his employment, however, the employer presented the physician with a schedule that differed from the one previously submitted to the State Conrad 30 coordinators which resulted in the approval of his wavier application. The new schedule indicated that the physician would only work 36 hours in a medically underserved area, thereby violating the terms of the J-1 waiver. Though the physician complained to his employer that his visa and wavier completion status were being jeopardized, his employer insisted on the arrangement and did not alter the physician’s schedule. In addition, the employer required the physician to work extra shifts and take shifts of other pediatric physicians whenever they chose to abruptly abandon their shifts. Though the employer promised to pay the physician for his work, they frequently failed to so. As a result, the physician would occasionaly work 60 hours a week, have call shifts, work through his vacation, and still receive his normal rate.
The physician then retained us to prepare the J-1 waiver transfer petition in which we claimed that extenuating circumstances are met where a physician’s visa status is in jeopardy as a result of an employer’s insistence that he work at an unapproved and unqualified location in addition to refusing to pay the physician his wages. We filed the petition on June 14, 2013 and requested premium processing. Upon review, the USCIS approved the waiver transfer application on June 24, 2013.