Extenuating Circumstances for J-1 Waiver Transfer Approved Where Physician’s Spouse, a J-1 Visa Holder, had to Relocate Due to J-1 Waiver Policy Violations and Contract Inconsistences

July 12, 2013 - This family medicine physician was employed by the same practice as her husband in Alabama. Due to extenuating circumstances, her J-1 hospitalist husband filed for and obtained a J-1 visa waiver transfer. Such extenuating circumstances include her husband being informed that he would be terminated if he did not sign a contract that would outsource his services to a third party, thereby reducing his benefits and paid time off as well as conflicting with the J-1 visa waiver policy and federal regulations requiring the J-1 holder to work at least forty hours per week in a medically underserved area. On June 26, 2013, USCIS granted the physician’s husband’s H-1B and J-1 waiver transfer application.

Upon her spouse finding a qualified position in Missouri, we were retained to file a J-1 waiver transfer petition for the wife family medicine physician on the basis that she needed to join her husband in Missouri. We submitted the application, claiming that the situation was entirely unforseen and amounted to extenuating circumstances. Further, it was important that the couple stay together as starting a family was very important to them. Upon review, the USCIS approved the application on July 12, 2013.