Miller Mayer’s Rosanne Mayer recently achieved an H1-B approval that allows a J-1 waiver surgeon to be employed by a major medical institution in a chronically underserved area. A request for evidence (RFE) asked for the surgeon’s work itinerary, questioned her start date being more than 90 days after her J waiver approval, and also questioned her change of status after her DS 2019 expired but before her J-1 30-day grace period ended.
Rosanne provided an estimated clinic and hospital schedule to fulfill the request for an itinerary, explained the J-1 waiver process, noted that the surgeon is still finishing critical surgical training, and cited specific contract provisions and relevant regulations. While the RFE may have been issued by an examiner who did not fully understand J-1 waiver issues and process and physician cases generally, Rosanne’s methodical response and education of the examiner on these issues garnered the ultimate approval, a particularly important positive outcome given the well-known crisis-level shortage of specialized medical professionals in underserved areas of the country.