J-1 Waiver Transfer Approved Where Physician is Forced to Sign a New Contract Violating J-1 Waiver Terms after Waiver Approval

June 26, 2013 - This hospitalist began a waiver job after obtaining a J-1 waiver and an H-1B visa. After approval of both, his employer began outsourcing their hospitalist program to a third party that would not be able to comply with the terms of the original employment contract. As such, the physician was presented with a new contract that reduced his benefits and paid time off as well as failed to comply with the J-1 waiver policy by not requiring at least forty hours of service in an underserved area each week. The physician was told that if he did not comply and sign the contract, his employment would be terminated.

We were retained by the physician and new employer to prepare and file the J-1/H-1B visa waiver transfer to a hospital in the state of Missouri. We prepared and submitted the waiver transfer petition on May 1, 2013. Our petition included declarations signed by the physician and his spouse, the original employment contract as well as the new one, and the letter regarding the employer’s outsourcing of the hospitalist program. USCIS approved the physician’s H-1B and J-1 waiver transfer application on June 26, 2013.