VSC Provides Filing Tip Regarding J-1 Waivers and H-1B Filing

The Vermont Service Center (VSC) has provided a helpful filing tip for beneficiaries of a J-1 waiver who are exempt from the H-1B cap.  Part C, Item 4 of the H-1B Data Collection and Filing Fee Exemption Supplement states the following:

Is the beneficiary of this petition a J-1 nonimmigrant alien who received a waiver of the two-year foreign residency requirement described in section 214(l)(1)(B) or (C) of this Act?

This question should only be answered ‘yes’ for physicians who receive a J-1 waiver based on the recommendation of the Veterans Administration, the Delta Regional Authority, the Appalchian Regional Commission, and the U.S. Department of Health and Human Services, or those who participate in the Conrad 30 program.  These physicians are required to hold H-1B status for three-years in addition to fulfill the waiver obligation and are exempt from the H-1B cap.

This exemption does not apply to those who received a J-1 waiver based on a no objection letter, hardship, persecution, or many Interested Government Agency waivers.

Stay tuned to www.bashyamspiro.com for more immigration tips.