J-1 Waiver Transfer Approved Where Physician is Forced to Sign a New Contract after Waiver Approval, LCA Violations, Harassment and Exposure to Malpractice Risks

December 18, 2012 - This pediatric neurologist began a waiver job in Missouri after obtaining a J-1 waiver and an H-1B visa. After both were approved, his employer presented him and required that he sign a new contract. However, the terms of the new contract differed from the original that had been submitted with his waiver and H-1B applications. The physician resisted the new contract. In addition, the physician was paid a wage rate that was different from that on the LCA. Finally, the physician was placed at a greater risk of malpractice by the different practices that his employer engaged in. He was also subjected to harassing emails from the employer. We claimed that these acts amounted to extenuating circumstances warranting a waiver transfer.

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 Illinois. We prepared and submitted the waiver transfer petition on September 19, 2012. Using multiple RFEs, the USCIS required that we submit further and extensive documentation to support each reason we claimed created the extenuating circumstances. In response, we submitted multiple sworn statements, payroll records, emails exchanged between physician and the employer as well as schedules to show that patients were triply over-booked, creating malpractice risks for the physician. After much documentation, the USCIS determined that the extenuating circumstances requirement had been met and approved the H-1B and J-1 waiver transfer application on December 18, 2012.

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