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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
Physician J-1 Waivers

What Is a Conrad 30 Flex Waiver?

Federal law permits up to 10 of a state's 30 Conrad recommendations to support physicians working at facilities outside a designated shortage area when the facility serves patients who reside in designated shortage areas.

Reviewed by Peter Messersmith · 2026-09-14

Flex allows certain facilities outside the shortage area

INA §214(l) permits state sponsorship where the physician will practice at a facility that serves patients residing in one or more HHS-designated shortage areas even though the facility itself is outside the designated geographic area.

Only ten of the state's thirty may use this rule

The statute limits these flex placements to no more than ten of the state's Conrad waivers in a federal fiscal year.

The state must make the required determination

The head of the interested state agency must determine that the physician will practice at a facility serving patients who reside in designated shortage areas.

State flex policies can be more detailed

Participating states may require evidence concerning patient origin, shortage-area service, specialty need, facility location, or other program priorities before awarding a flex slot.

Legal Authorities and Sources

  1. 8 U.S.C. §1184(l)
  2. U.S. Department of State — J-1 Waiver Eligibility
  3. HRSA — Health Workforce Shortage Designations

Frequently Asked Questions

Can a Conrad physician work outside a HPSA?

Potentially, through the flex provision when the facility serves patients from designated shortage areas and the state sponsors the placement.

How many flex waivers can a state use?

Up to ten of its thirty Conrad waivers in a federal fiscal year.

Does flex eliminate the underserved-patient requirement?

No. The flex provision is based on serving patients who reside in designated shortage areas.

Need Help With a J-1 Waiver?

The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.

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