Federal law requires that foreign physicians seeking to pursue graduate medical education or training in the United States must obtain a J-1 Exchange Visitor Visa. The J-1 Visa allows physicians to remain in the U.S. until their studies are completed. Upon completion of their studies, the physicians must return to their home country for at least two years before they can return to the U.S.

If the physician, certified to practice in the US, wishes to stay and practice in the US, they may apply for a waiver of the requirement with a statement in support of a waiver from an interest state health department. The physician must agree to practice full-time for at least three years in a health facility that is located in the geographic area or areas that are designated by the Secretary of Health and Human Services as a Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA). To see the California designated HPSAs or MUAs, go to http://cliniccareers.cpca.org/resources/shortage/index.cfm.

California is allowed 30 recommendations each federal fiscal year (October 1 – September 30) to the U.S. Department of State. The Department of State reviews the application and makes recommendations to the U.S. Immigration and Naturalization Service (INS) as to whether or not the residency waiver should be granted. The INS makes the final determination and informs the applicant and the California Department of Health Care Services of their decision. The process takes approximately 6 months.

For complete details about the waiver program, see http://www.dhcs.ca.gov/services/rural/Pages/J-1VisaWaiver.aspx.