Extenuating Circumstances for J-1 Waiver Transfer Approved Due to Hostile Work Environment and potential danger to US citizen Spouse and Child

April 25, 2016 - After obtaining a j-1 waiver and H-1B visa, this internal medicine physician began his j-1 waiver job in California. Shortly after he initiated his employment, the employer began engaging in illegal and unethical conduct as well as harassment, mistreatment, and retaliation against the physician. In addition, throughout his employment, the physician’s employer continuously disregarded and ignored the physician’s medical judgement, thereby jeopardizing the health of its patients and the safety of its community. After the physician complained of the harassment as well as the unfair compensation he faced, the physician was given a final warning.

In our petition, we argued that as a result of the employer’s behavior, the physician could not complete his j-1 waiver service. We also argued that the denial of the physician’s j-1 waiver transfer would cause extreme hardship on the physician’s spouse and young son, both US citizens. The physician’s wife has several mental illnesses and in the event of a denial, the physician and his family would need to return to India, a country that lacks adequate mental health care.

The physician and his new employer retained our firm to prepare and file the J-1/H-1B visa waiver transfer to another hospital in California. Our petition included a declaration signed by the physician, his spouse’s medical records reflecting her diagnoses, treatment plan, and her physician’s recommendations, as well as articles regarding the access to mental health care in India. USCIS approved the physician’s J-1/H-1B visa waiver transfer on April 25, 2016.

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