Persecution Waivers
According to the DOS, if a J-1 physician believes that he or she will be persecuted based on his/her race, religion, or political opinion if he/she were to return to his/her home country, the IMG may apply for a persecution waiver. This waiver basis requires that the J-1 physician submit Form I-612, Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, directly to the USCIS, within Department of Homeland Security. Only if USCIS makes a finding of persecution will the Waiver Review Division proceed with the waiver case under this basis. Once USCIS makes a decision, it will forward directly to the Waiver Review Division its decision on Form I-613.