Transcript:

Most people navigating immigration think that it’s all about filling out the right form,
but it’s not.Hello, this is Scott Berry, host of Immigration Nation.
It’s more about strategy, timing, and understanding the decisions that quietly determine whether a case gets approved or denied.
And nowhere is it more true than with J1 waivers.
One wrong move can cost you years.
The right move can completely change your future.
Today, we’re breaking down what actually drives success
behind the scenes from the biggest mistakes
J1 visa holders make to how top attorneys decide the strongest path forward
and where it’s quietly destroying cases.
If you’re serious about turning your immigration journey
into a predictable outcome,
this episode is going to give you an edge that most people never get.
Today, we welcome immigration attorney, Koshik Ranchad.
Welcome, Koshik.
Thanks, Scott.
I just love how you really nailed
the intricacies of immigration law and how important it is.
Imagine if you’re a physician training here
for seven years, seven plus years, and then you realize you had to go home for two years and that’s what we’re talking about with the J1 waiver.
Think of it as a boomerang.
It’s a boomerang requirement where you have to, you’re here, you build a life here,
and then you’re required to go back.
And that’s because of the 212E requirement, basically.
It’s a way when it was created
to ensure that there wasn’t brain drain that was happening from getting the best and brightest here
and not having them go back.
And that’s why this 212E requirement was created.
Well, we need to talk about this, right?
So you were kind of talking about leaning into strategy a little bit.
How would you determine which J1 waiver strategy
gives someone the highest probability of success?
Because you’re a master at this.
This is very much the thing that you guys do at your firm first and foremost.
So how do you determine the strategy?
Well, it’s very case-specific.
So it really depends upon each individual.
So for instance, let’s say we’re meeting with a physician and there’s a variety of strategies
that could be available.
So one could be the Conrad 30 program where the physician’s working at an underserved area, where there’s 30 spots in each state available.
Or two, there’s an exceptional hardship waiver.
Let’s say that same physician
was also married to a US citizen.
So now you have two options there that we have to look at.
And then we have to look at,
well, what are the exceptional forms of hardship
to that US citizen spouse?
Then there’s a third option called the no objection waiver and no objection statement,
which physicians are not eligible for because they’re usually in residency,
receiving medical training here in the US.
And that’s a very specific requirement to physicians.
But let’s say, for instance, if you were a teacher, you could look at that option if your country’s willing to issue
a no objection statement.
And then that same physician could be eligible for working in a VA hospital for three years
or HHS waiver.
So let’s look at the same physician.
Let’s create a hypothetical scenario of this person.
So let’s say that they want to work anywhere that they and not be working
in a specific underserved area for three years, then we would start evaluating the exceptional hardships
of that US citizen spouse
because in that Conrad 30 waiver situation, they would need to be working in an underserved area, what’s called a health professional shortage area
for three years in a H1B status.
They can’t apply for a green card until the end of the three years.
So sometimes physicians in the situation prefer if they’re eligible to look at a hardship waiver and if they meet the requirements.
So then we would sit down with that physician, look at like what hardships is your spouse facing?
Is there gonna be a career hardship?
Are they a physician too?
And are they gonna have to go through licensing in the home country and the hardships
to that US citizen spouse?
It’s not to you.
Are they, do they have any health issues?
Do they have mental health issues?
Do they have family ties in the US?
And we’ll go through and evaluate each one and then see what the better option is.
Yeah, Coach, I just read and you might have seen it.
There was a big article in the news last week
about a young lady that was a physician in a super small town in Indiana.
I didn’t, I’ve never even heard of it.
And somehow there was a slip up or whatever and the town was at risk of losing
their doctor, which there’s nobody else there, right?
So it’s kind of like what you were describing.
Let’s talk about the mistakes
that a J1 visa holder could make when deciding whether or not to apply for a waiver.
Well, I think one of the biggest mistakes is waiting too long.
This requires early planning, early strategy.
And so every time I’m on my YouTube channel
or social media, I’m just trying
to remind people plan early
because for instance, for exceptional hardship waiver,
it could take up to two years before an approval
and then you have to have the prep time before that a couple of months of prep time.
So really making sure that you’re planning well ahead of time.
So you’re not, sometimes people will come to me
with a year left in residency or fellowship.
And then we have to decide like, do you wanna go back and wait for your waiver
for a year or not?
Or do you wanna actually look at other options because the process is so long, you need ideally two years to have to get the waiver.
That’s one mistake.
And then for Conrad 30 waivers, making sure that you are talking to employers early enough because that’s employer sponsored.
So you need to have an employer sponsor you.
And the timing’s a little bit different for that.
So let’s say you’re gonna finish residency June, 2027.
A lot of programs for each individual state starts in October and then it differs every state.
Every state has different requirements.
And you back to what you said about how that town
like was in peril, this is actually, this Conrad 30 program, HHS program is a backbone to a lot of places where they don’t have enough physicians.
It’s a way that physicians are getting out to these communities and it’s such a great program.
So that’s why this program is so important for our country and it’s a win-win for doctors
and it’s a win-win for the U.S. as well.
As communities, absolutely.
So let’s say the J1 waiver is approved.
What are the kind of the top next steps that someone would need to take
in order to secure a green card?
Yeah, that’s a really great question and that also requires planning.
And if you are on a J1,
if you get a J1 exceptional hardship waiver, if you’re married to a U.S. citizen
then you’d prepare a marriage-based green card application.
Now, another mistake that I see is premature filing
of the green card before the waiver is approved.
USCIS is right now taking a stance that at times they will come back and state
that you weren’t eligible at the time of filing for the green card, so we’re gonna deny the waiver.
It’s important to plan that
and also another mistake that I see not planning sometimes teachers, physicians,
professionals think that the J1 waiver is a lawful status.
It only prevents you from not going back for two years.
So you have to either apply for H1, have an employer apply for H1B or for a green card afterwards and make sure that that’s all getting lined up.
That’s brilliant advice
that they still have to be responsible for their status afterwards.
Great point.
My name’s Kaushik Rachod. I’m an immigration attorney
who’s been practicing for over 24 years.
We have a focus in our practice on J1 waivers and complex waiver cases
and family immigration.
And if you wanna get ahold of us, you can reach out to us at 916-613-3553 or email us at info at ranchodlaw.
And you can check out our website, j1visawaver.net.
And there’s a lot of information and success stories on our website.
I also have a YouTube channel
at the Green Card Lawyer
where I have case studies and we post weekly on different hot topics that are coming on.
Positions.
You mentioned that earlier on
or like high level professionals.
How should they think about immigration differently than maybe an average applicant?
I think high achievers when you’re highly trained at times people think that, okay, I’m going through, I’m fulfilling my J1 program.
I’m doing my residency.
I’m working crazy hours.
I don’t need to do anything else.
This is a silent kind of thing
that can creep up on you,
this 212-V requirement.
It’s a passive requirement,
but immigration still expects you.
USCIS still expects you to be on top of it even though they’re not breathing down your neck telling you, you got A, you got 212-V.
You’re gonna have to leave
as soon as your residency is done.
You got a 30 day grace period
but then get out of here.
So they’re expecting you to be on top of it.
They’re not gonna be, per se, necessarily reminding you.
And I think you follow the rules as a physician.
You’re at the top of your game.
You’re getting into some of the most competitive residency programs.
Anything you’re doing,  everything right, but immigration law is a little bit different.
They’re expecting you also
to be on top of this 212-V requirement.
It can creep up on you because you already are working crazy hours,
doing so much.
And it’s also teachers too who are winning awards.
And I’ve been speaking to a lot of teachers that are like winning teacher of the year
and just doing great things,
teaching special education.
And now they’re faced with going back for two years
when they’re winning all of these accolades.
There are options.
I think people think maybe with this administration
there’s not options, but there are options.
Even for teachers, if there’s a no objection, the no objection waivers are getting denied
much more than in the past
because of change in policy.
But it’s still possible to get those approved if you use the right strategy.
Let’s talk about, especially in this environment right now,
resilience, having the right mindset is really important when helping families navigate
some of these incredibly stressful moments in their lives.
Look, we all know this is just the wild, it’s the wild west with immigration right now.
I don’t know how things could be more stressful
for people on J1, right?
And people trying to do it the right way.
Yeah, absolutely.
What are you learning about that?
And what could you share with people about staying strong
and having the right mindset?
Not giving up.
And knowing that you’re gonna do everything the best that you can.
So things will work out in the way that they’re meant to work out.
When let’s say you apply for exceptional hardship that doesn’t work, USCIS denies it,
then there are options.
You could appeal, you could refile or you could apply for possibly an O1 visa.
Don’t give up in whatever path you are choosing that you can achieve success by trying different outcomes, trying different strategies, making sure that you plan early.
And most of the time in our cases, they do work out.
Sometimes, especially with this administration that they don’t, and then we have to look at other options.
So it’s just important to have them and know that it’s gonna be a stressful process.
Have a way to manage that stress, whether you are gonna do like an exercise,
routine, misspend more time with friends, even have a therapist.
Because this process is so stressful, for some of these exceptional hardship waivers so long, it takes a toll on people, especially the uncertainty.
Knowing that you can overcome this, it is possible.
Yeah, and I’ve heard that there’s over like 180 visas.
The cool thing about this J1 is that you are truly contributing to the local communities
and to the country and giving care if you’re a physician,
where maybe it just isn’t available at all.
So don’t get too frustrated because these people need you.
You know, stay strong and stay committed.
Well, especially with physicians, I mean, there’s a lot of options.
You have the HHS waiver,
like if you have a HIPAA score of seven or higher,
you have the Conrad 30 waiver, you might be eligible for exceptional hardship waiver.
Yes, it may not be the perfect thing that you want to do,
but there are options out there.
Yeah, final question.
So what would be the key elements that separate a good case, right?
From a winning case in today’s environment?
Well, I’m going to talk about
some of the most difficult cases right now, the exceptional hardship and no objection waiver.
Those, it’s really strategy.
Now it’s really a lot about creating a winning strategy,
evaluating for hardship waiver,
every single hardship because it’s looking at cumulative hardships.
And then we really meticulously work with you
on advising you these are the documents that are relevant to your hardships, reviewing those scenes that those are relevant, and then having a very compelling narrative
and the way we do that is through a legal brief to make sure that your story is articulated to the government because that’s what you have,
you have your paper filing,
you’re not speaking in front of a judge or anything, it’s what the attorney prepares for you.
So it’s really meticulous preparation and evidence and in the narrative and the strategy from the get-go.
Yeah, so J1 listeners,
if there’s one thing to take away from today’s conversation, it’s this,
immigration success, it isn’t accidental.
The strongest cases aren’t just necessarily the good cases, they’re built with intention by professional legal immigration attorneys like Koshik.
They’re guided by strategy
and they’re executed with a level of precision that most people underestimate.
I mean, you can just listen to what Koshik was sharing.
This is not something you wanna try to do on your own
if you wanna have any level of success.
We even talked about the mistakes
that derail J1 waiver applicants,
the decisions that increase your probability of success
and what happens after approval,
I mean, the stakes are even higher then.
So whether you’re at the beginning of your journey or already deep into it, remember this, you don’t need to leave your outcome to chance when professionals like Kaushik are here to help you with the right strategy, the right guidance,
you can move forward with confidence.
Kaushik Rachod, thank you so much for joining us.
Thank you, Scott, it’s been a pleasure.