When a foreign-national physician in J-1 exchange visitor status seeks to remain in the United States beyond the two-year home-residence requirement imposed by INA §212(e), the Conrad 30 Waiver Program offers a viable path — provided the physician agrees to serve for at least three years in a medically underserved area or population.
The program allows qualifying international medical graduates (IMGs) to waive the foreign residence requirement, transition from J-1 to H-1B status, and obtain a cap-exempt H-1B (meaning the physician is exempt from the annual H-1B lottery ) if the waiver is handled correctly from the outset.
It is designed to bring physicians to underserved communities that need their expertise in exchange for a minimum three-year, full-time service commitment.
[The Conrad 30 waiver is one of several J-1 INA §212(e) two-year home-residency requirement waiver options. Additional waiver categories appearat the bottom of this section. ]
Under INA §214(l), each U.S. state — as well as Washington, D.C., Guam, Puerto Rico, and the U.S. Virgin Islands — may recommend up to 30 J-1 physician waiver requests per federal fiscal year (October 1–September 30).
To qualify, a physician must commit to at least three years of full-time clinical service (generally 40 hours per week) in a position consistent with the physician’s training and specialty at a health care facility located in a federally designated:
Each state administers its own Conrad 30 program and sets its own rules, deadlines, and priorities. The state health department reviews the waiver application and, if it recommends approval, forwards the case to the U.S. Department of State (Waiver Review Division). The final waiver decision is made by U.S. Citizenship and Immigration Services (USCIS).
The Conrad 30 waiver is available to J-1 physicians who are subject to the INA §212(e) two-year home-residence requirement and who:
The employment must be consistent with the physician’s specialty and training.
A separate No Objection Statement from the home country is not required for Conrad 30 physicians.
The Conrad 30 waiver process involves both state and federal agencies and must be carefully timed.
The physician must first secure a qualifying job offer at an approved underserved location. The physician and employer then submit a Conrad 30 waiver application to the state health department, along with required supporting documentation. As part of the process, the physician files Form DS-3035 with the Department of State and obtains the required barcode confirmation.
If the state recommends the waiver, it forwards the case to the Department of State, which reviews the request and transmits its recommendation to USCIS. USCIS makes the final waiver determination and, if approved, issues a waiver approval notice listing the approved worksite(s).
Once the waiver is approved, the Conrad 30 program allows the physician to change status from J-1 to H-1B in order to complete the required three years of service. A major advantage of the program is that the initial H-1B petition is cap-exempt, meaning it is exempt from the annual H-1B lottery and may be filed outside the normal cap cycle.
After USCIS approves the waiver, the employer files an H-1B petition (Form I-129) on the physician’s behalf. The physician must generally begin full-time employment within 90 days of waiver approval and work at the approved site for the full three-year service period.
During the service obligation, changes to the employer or work location are strictly limited and must comply with the original waiver terms and applicable state and federal rules (including successor-site and no-fault transfer requirements, where applicable).
After a physician changes status from J-1 to H-1B through a Conrad 30 waiver, the physician holds valid H-1B status but remains bound by the three-year Conrad 30 service obligation.
During the three-year service period, employer changes are restricted.
Although H-1B classification generally allows job portability, a Conrad 30 physician may change employers only if the change complies with the original waiver terms. In practice, this means the new position must:
Changing employers or worksites without proper authorization during the service obligation can place both the waiver and H-1B status at risk. Any proposed change during this period should be reviewed carefully before action is taken.
After the physician completes the full three-year Conrad 30 service obligation, these restrictions fall away. At that point, the physician may generally change employers or practice locations freely, including to positions outside underserved areas, subject only to standard H-1B transfer rules.
Some physicians pursue an EB-2 National Interest Waiver (NIW) strategy while completing their Conrad 30 service obligation as part of long-term planning.
Filing an NIW petition does not waive, shorten, or replace the Conrad 30 service requirement. The physician must still complete the full three years of full-time clinical service at the approved worksite, even if an NIW petition is approved and filing an immigrant petition does not itself violate Conrad 30 compliance.
In practice, an NIW filing during the service period is often used as a parallel strategy to secure immigrant petition approval while the physician continues working in cap-exempt H-1B status under the Conrad waiver. Adjustment of status or immigrant visa processing typically occurs after the service obligation is satisfied, depending on visa availability, timing, and individual circumstances under the applicable Visa Bulletin.
Because Conrad 30 compliance is closely monitored and enforced, NIW filing strategy and timing should be coordinated carefully to avoid conflicts with waiver terms or unintended immigration consequences.
Completion of the full three-year service obligation is critical. After the obligation is satisfied, physicians typically gain greater flexibility to change employers or practice locations and are generally treated as having been counted against the H-1B cap, and often pursue long-term immigration options, including employer-sponsored permanent residence or EB-2 NIW-based green card processing.
Spousal employment:
If the physician’s spouse changes to H-4 status, they may be eligible for employment authorization in certain circumstances, depending on the stage of the physician’s green card process.
Concurrent EB-2 NIW strategy:
Some physicians pursue an EB-2 National Interest Waiver petition during Conrad 30 service
Early planning matters:
Waiting until late in the final year of training can significantly limit state options and increase risk of missed deadlines.
The Conrad 30 waiver is one type of J-1 two-year home-residency requirement waiver (and a physician-specific form of an Interested Government Agency waiver).
Other waiver categories include:
Please reach us at TK@KennedyVisas.com if you cannot find an answer to your question.
During the three-year Conrad 30 service obligation, employer changes are restricted. Although H-1B status normally allows portability, a Conrad 30 physician must continue working in accordance with the original waiver terms. Any change of employer or worksite during this period must:
After the physician completes the full three-year service obligation, these restrictions end. At that point, the physician may generally change employers under standard H-1B portability rules, including employment outside underserved areas.
Once the full Conrad 30 service obligation is satisfied:
Because H-1B status allows dual intent, many Conrad 30 physicians pursue immigrant petitions during the service period and file adjustment of status after completion of the service obligation. The optimal sequencing depends on visa availability, family circumstances, and employment history and should be planned carefully.
Please reach us at TK@KennedyVisas.com if you cannot find an answer to your question.
J-1 status does not allow dual intent. While a physician is in J-1 exchange visitor status, long-term immigration planning is constrained by the two-year home-residence requirement under INA §212(e).
H-1B classification allows dual intent. Dual intent may be asserted only after the physician has changed status to H-1B following approval of a Conrad 30 waiver. Once in H-1B status, the physician may lawfully pursue permanent residence without jeopardizing nonimmigrant status.
This allows Conrad 30 physicians to engage in long-term green card planning, including EB-2 National Interest Waiver (NIW) or employer-sponsored immigrant petitions, while continuing to work in cap-exempt H-1B status.
Dual intent enables planning, not avoidance. It does not eliminate the service obligation or permit unrestricted employer changes during the Conrad 30 period.
An immigrant petition (such as an EB-2 National Interest Waiver or an employer-sponsored EB-2 or EB-3 petition) may generally be filed after the physician has transitioned to H-1B status through the Conrad 30 waiver. Filing an immigrant petition:
Many physicians file immigrant petitions during the three-year Conrad service period as part of long-term planning.
Timing may also depend on visa availability under the Visa Bulletin and the physician’s individual immigration history. Because adjustment timing can affect travel, work authorization, and employer flexibility, permanent residence strategies should be coordinated carefully to ensure full compliance with the Conrad 30 waiver.
No. Filing an immigrant petition is distinct from filing adjustment of status.
An immigrant petition (such as Form I-140 or I-130) determines eligibility for a green card.
Adjustment of status (Form I-485) is the application to become a lawful permanent resident.
These steps are often combined in “one-step” filings for certain applicants, but they are not the same legal action.
Technically, yes. After a physician has changed status to H-1B through a Conrad 30 waiver, H-1B classification allows dual intent, and U.S. immigration law does not categorically prohibit filing adjustment of status during the service period. Some attorneys may accept cases for early filing, and some apply a 90-day timing buffer to address intent-at-entry concerns associated with certain nonimmigrant visa classifications.
However, in most cases, filing a one-step adjustment package during the Conrad 30 service period is not advisable. The Conrad 30 service obligation remains an unresolved condition. The physician is legally bound to complete three years of qualifying service, and USCIS is not required to delay adjudication of an adjustment application until that obligation is satisfied. In an environment of faster adjustment adjudications, filing too early increases the risk that permanent residence could be adjudicated — or denied — before the service obligation is complete, creating compliance and status complications.
For this reason, many physicians file immigrant petitions during the service period but defer adjustment of status, including one-step filings, until after the Conrad 30 obligation has been completed or is close to completion. Timing should be evaluated carefully on a case-by-case basis.
Please reach us at TK@KennedyVisas.com if you cannot find an answer to your question.
Conrad 30 cases sit at the intersection of J-1 compliance, H-1B strategy, state-level discretion, and long-term green card planning. Small errors in timing or sequencing can permanently limit a physician’s options. Kennedy Law approaches Conrad 30 cases with a strategy-first mindset, not a form-filing approach.
Conrad 30 cases are not just about securing a waiver. They require careful coordination between J-1 compliance, cap-exempt H-1B strategy, state-level discretion, and long-term permanent residence planning. Small timing mistakes — such as filing adjustment too early, mishandling employer changes, or misunderstanding how dual intent applies — can have lasting consequences.
Kennedy Law approaches Conrad 30 cases with a strategy-driven focus. We advise physicians not only on how to obtain a waiver, but on when to take each step, when not to file, and how to preserve future flexibility while remaining in full compliance with waiver terms. We pay close attention to state-specific Conrad requirements, federal enforcement risks during the three-year service period, and how evolving adjudication timelines affect planning decisions.
If you are looking for guidance that extends beyond form preparation — and that accounts for sequencing, risk management, and what comes after the waiver — Kennedy Law is positioned to help.
To hire Kennedy Law, LLC, simply contact us through our website or by phone. We will schedule an initial consultation to discuss your case and determine the best course of action. From there, we will work with you every step of the way to ensure the best possible outcome.
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DISCLAIMER: This website provides general information about immigration rules and eligibility. It is not legal advice, tax advice, or a substitute for individualized consultation. Immigration outcomes depend on your specific circumstances. For advice tailored to your case, schedule a consultation with Kennedy Law.
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