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Frequently Asked Questions

Can a J-1 visa waiver physician moonlight after the 40 hours for the waiver employer?

Primary Care and Rural Health
Yes, if the sponsoring employer is in agreement and the moonlighting site is in a Health Professional Shortage Area (HPSA). An employment agreement for the moonlighting site should be provided to DHH's BPCRH. For more information, see pages 9-12 of the Louisiana J-1 Visa Waiver Program Policy under Recruitment Services.
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Does the salary of the J-1 visa waiver physician have to be guaranteed?

Louisiana Department of Health & Hospitals
The contract for a waiver request must include a salary that is 95% of the prevailing wage for the physician specialty as determined by the Department of Labor (DOL). For information on the DOL's prevailing wage for each physician specialty go to www.flcdatacenter.com/owl.asp. For assistance utilizing the information on this website, call Gerrelda Davis at 225-342-1583 or gdavis@dhh.la.gov .
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What should be included in the J-1 visa waiver packet when a physician requests a waiver?

Primary Care and Rural Health
Names of all U.S. citizens or permanent resident physicians applying for and/or interviewed and reason not hired
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Can a J-1 visa waiver physician work for a private, for-profit entity?

Primary Care and Rural Health
Yes, J-1 visa waiver physicians may work for private, for-profit entities, as well as public or nonprofit entities.
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What should be included in the employment contract for a J-1 visa waiver physician?

Primary Care and Rural Health
The executed contract should include at least a three-year commitment for outpatient preventative and primary care or an approved specialty. The contract should also include: The normal office hours for outpatient care for each practice site. The physician's 40 hours should not be performed in less than four days a week; A $250,000 damages clause.
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What is a J-1 visa waiver?

Primary Care and Rural Health
The J-1 visa waiver, issued from the State Conrad Program or other federal programs, makes a foreign national exempt from the return home requirement. J-1 visa waiver holders are allowed to stay in the United States.
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How long will the J-1 visa waiver process take?

Louisiana Department of Health & Hospitals
With an approved site application, usually about 8 months from the time DHH receives the J-1 visa waiver request packet to the time the physician begins work. However, delays related to recruitment efforts, contract negotiations, and J-1 visa waiver processing at BCIS, may prolong the process. Therefore, DHH cannot guarantee when the J-1 visa waiver physician will actually be able to begin practicing.
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Why are recruitment efforts a part of any J-1 visa waiver request?

Primary Care and Rural Health
Most state and federal J-1 Visa Waiver Programs utilize the DOL's Alien Employment Certification procedure. The procedure requires that employers demonstrate that efforts to recruit American physicians were made but were unsuccessful. Employers are not allowed to displace qualified U.S. workers by hiring a foreign national. Documentation of the unsuccessful efforts ensures that the available positions were offered to all qualified interested candidates.
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What is a J-1 visa?

Experience America: FAQS
The J-1 Exchange Visitor visa provides for the exchange of students, scholars, trainees, teachers, professors, researchers, specialists, leaders in a specialized field of knowledge or skill. The main purpose of the J-1 trainee visa is to provide individuals with bona fide practical training in the U.S. in a specific professional field.
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Frequently Asked Questions
The J-1 visa is a cultural exchange visa. It is a tool of public diplomacy administered by the U.S. Department of State, and was developed to expose individuals from around the world to the culture and institutions of the United States and to foster a better understanding of the U.S. perspective on a variety of issues.
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J1 Waiver, J-1 Waiver, J1 Visa Waiver, J1 Visa, J1 Waive, J-...
A J-1 Visa is issued for an exchange visitor who is participating in an established J exchange program pre-approved by the U.S. Department of State. Exchange visitors under J-1 visas include secondary school and college students, business trainees, primary and secondary school teachers, college professors, research scholars, medical residents or interns receiving medical training in the U.S., specialists, international visitors, and government visitors.
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Once you have been offered an international trainee position, you and the property apply to a J-1 Visa sponsorship organization. This is an organization that is authorized by the U.S. government to issue a document called a Form IAP-66, or Certificate of Eligibility. The Form IAP-66 allows you to apply for the J-1 Visa or visa status at the U.S. Embassy/Consulate in your country of citizenship or legal residence. Please see Program Procedures for more information.
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Can a newly established site apply for a J-1 visa waiver slot?

Primary Care and Rural Health
Yes. However, it is imperative that the site can show evidence of the ability to pay the prevailing wage as defined in the H-1B petition (see question below). Also, the site must be ready to open immediately upon the arrival of the J-1 visa waiver physician.
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Who pays the filing fees for J-1 visa waiver requests?

Primary Care and Rural Health
For the J-1 visa waiver application, either the employer or physician may pay the filing fees. According to Department of Labor's regulations, the sponsoring employer is required to pay the filing fees for the H-1B portion of the case.
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J-1. Are there other hours-of-service exemptions not included in this regulation?

HOS Frequently Asked Questions (FAQ) - Federal Motor Carrier...
Yes. The Motor Carrier Safety Act of 2005 (Part IV of SAFETEA-LU) includes several exemptions to the hours-of-service for specific industries. Although not included in this regulation, these exemptions are in effect.
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Can my employer prevent me from working more than forty (40) hours in a workweek?

Celler Legal Group Richard Celler Unpaid Overtime Lawyer
Yes. An employer may adjust its employee's work shifts within a work week to avoid an employee working overtime. For example, if employees work "extra" time early in the workweek, the employer may send them home later in the same work week so that total hours actually worked in that work week will not exceed forty (40). Under this scenario, no overtime compensation would be due to the employee. Typically not.
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quot;J-1" is the non-immigrant visa category allowing The Cordell Hull Foundation to bring exchange teacher visitors to work in the United States on a temporary basis of one year, renewable each year up to three years. The J-1 visa regulations strictly limit length of stay to three years maximum for teachers. Although the Research Scholar category of the J-1 visa was lengthened to five years in 2004, the Teacher category limit remains at three years.
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How does a health care facility or site apply for the Louisiana J-1 Visa Waiver Program?

Primary Care and Rural Health
A health care facility or site interested in hiring a J-1 visa waiver physician must submit a written site application to the Department of Health and Hospitals' (DHH) Bureau of Primary Care and Rural Health (BPCRH) for a predetermination of site eligibility prior to or during the recruitment of a physician. The J-1 visa waiver physician site application is available on the BPCRH's Web site under Recruitment Services, or by contacting Gerrelda Davis at 225-342-1583 or gdavis@dhh.la.gov .
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Can I enter the U.S. under the Visa Waiver Program while I'm waiting for my visa interview?

IV FAQs - U.S. Embassy Wellington, New Zealand
You can travel to the U.S. on the Visa Waiver Program, however, the maximum period of admission under the VWP is 90 days, and this period cannot be extended.. No one can be guaranteed, prior to their arrival at a U.S. port-of-entry, whether or not they would be granted permission to enter the U.S. Please bear in mind that in order to be admitted, you must still demonstrate that you have a residence outside the U.S. to which you intend to return, if even for a short time.
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Visa FAQs - U.S. Embassy Dublin, Ireland
Visa free travel to the U.S. under the Visa Waiver Program (VWP). The VWP permits qualifying foreign nationals, including Irish citizens, to travel to the U.S. for 90 days of less to undertake business, tourism, or transit the U.S. Persons traveling by private aircraft rather than by airline, need a visa. Certain other travelers still need a visa such as those who plan to work or study in the U.S., stay more than 90 days, or who might otherwise be ineligible for a visa.
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Should I continue to treat with the employer's physician after my claim has been denied?

FAQ: Workers' Compensation Philadelphia Work Injury Lawyer P...
There is no reason for you to continue to treat with employer-designated physicians after your claim has been denied. Insurance Department regulations require health insurances companies to pay bills where the Workers' compensation company has denied liability, and thus you may treat with the physician or medical provider of your choice.
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Q2: How do I apply for my J-1 visa?

USIT Internship/PCT USA::
Once your DS2019 has been issued you will attend a scheduled interview at the US Embassy/Consulate. USIT will arrange your appointment for you and will notify you of your appointment date and time in the cover letter to your 'Welcome Pack'. Your 'Welcome Pack' will be sent to you shortly after we receive your documents and will detail the documents and information required for your US Embassy/Consulate interview.
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How do I get my CampGroup J-1 Work Visa?

Working at Camp Winaukee
Go to the Camp Winaukee Website staff forms and information section, click on J-1 Visa packet and download J-1 Visa application packet. Fill out information and submit as soon as possible. Other agencies take care of the visa process for their applicants.
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How do I maintain my J-1 visa status?

International Programs :: Frequently Asked Questions for J-1...
International students must comply with all requirements of the United States Citizenship and Immigration Service (USCIS). These regulations are explained to you during international student orientation with the International Student Coordinator. you can also find information about your visa status in the International Student Handbook.
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