Extenuating Circumstances for J-1 Waiver Transfer approved Where Employer’s Director Pressured Physician into Engaging in Medicare Fraud, LCA Violations, and Prescribing him Narcotics
July 25, 2013 - This emergency medicine physician began a waiver position in Alabama after obtaining a J-1 waiver and an H-1B visa. Upon beginning his employment, he experienced extenuating circumstances justifying his transfer which include the director of the employer pressuring the physician to prescribe himself and his family narcotics, requesting that he engage in medicare fraud after constant complaints regarding same from the physician, and not providing the physician with the required forty hours of patient care per week per the J-1 waiver requirements. In addition, as a result of the physician expressing his concern regarding the violations mentioned above, the director threatened to terminate the physician’s employment as well as have his visa revoked.
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 Georgia. We prepared and submitted the waiver transfer petition on July 5, 2013. USCIS determined that the extenuating circumstances requirement had been met and approved the H-1B and J-1 waiver transfer application on July 25, 2013.