Canadian Doctor Sues CBP Over J-1 Requirement Interpretation

Posted on: October 13th, 2017
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A Canadian doctor who satisfied his J-1 home two year home residency requirement by residing in Canada and commuting to a job in the US has been denied entry to the US and is suing CBP and the Department of Homeland over their new position that Canadian doctors must have a J-1 waiver in order to work in the US. INA Section 212(e) only bars the issuance of H-1B visas, but Canadians don’t need visa stamps and can enter with USCIS H-1B approval notices. This has been the policy of the government for many decades.

The case is discussed here. The physician is represented by Brian Schmitt of Hake and Schmitt.