North Dakota J-1 Visa Waiver Application Process
Prior to applying for the J-1 visa waiver, an applicant must send a completed Data Sheet (form DS-3035), two self-addressed, stamped, legal-size envelopes and the current filing fee to the U.S. Department of State (USDOS) and receive a case number. The case number must appear on all future documents filed with the waiver application. It is recommended that the applicant do this through a qualified immigration attorney to ensure proper filing. Do not submit this request and fee to the North Dakota Primary Care Office (NDPCO).
Application is made to the NDPCO requesting a waiver of a J-1 Physician.
It is recommended that waiver requests be submitted from a healthcare facility or an immigration law professional representing the healthcare facility on behalf of a J-1 Physician. J-1 Physicians cannot apply for a waiver themselves.
Two copies of the required information and documentation from the J-1 Visa Waiver Checklist must be submitted, in the order outlined in the checklist, in a single package to NDPCO. All documents must contain the case number previously assigned by the USDOS.
Applications submitted to NDPCO must contain all required documentation and be ready to submit to the USDOS before NDPCO will assign a review number to the application. A NDPCO review number will not be assigned until the application has been reviewed, by NDPCO, and determined complete. If any required documentation is missing, the application will be removed from the queue and returned to the applicant. The original review number will not be assigned to returned applications. Another completed, or revised, application may be resubmitted; however, a new review number and position in the queue for review will be assigned. No amendments to the application will be allowed while the application is under review. The review process may be modified or discontinued at any time. The NDPCO reserves the right to recommend or decline any request for a waiver and may prioritize applications to ensure access to healthcare services for citizens of the state and will make the decision whether to recommend a request for the waiver. Final waiver recommendations to USDOS will be given by the North Dakota State Health Officer. The review process can take two to four weeks.
For flex waivers, one waiver per month per organization will be permitted for review until all flex waivers are used. If a flex waiver application is returned due to incompleteness, it may be resubmitted in that same month for that same J-1 Physician to comply with the “one waiver per month per organization” rule. A second waiver packet for a different J-1 Physician cannot be submitted in the same month a returned application occurs. The same rule as above applies in that a review number will not be assigned until a completed application is submitted and reviewed for completeness by NDPCO.
Mail completed waiver application packets to NDPCO representative:
Center for Rural Health, Primary Care Office
University or North Dakota School of Medicine & Health Sciences
1301 N Columbia Road, Stop 9037
Grand Forks, ND 58202-9037
If waiver application is approved by NDPCO, the application will be sent to the USDOS (See Sample Letter from North Dakota Department of Health to USDOS). USDOS reviews the J-1 waiver application and considers the state recommendations. If approved, the application/recommendation is sent to the U.S. Citizenship and Immigration Service to provide the final waiver approval. This process may take two to six weeks.