Due to a number of hardships in their personal life, this Anesthesiologist found that finishing their three-year requirement in their original place of employment was proving to be increasingly difficult. After an initial consult, we determined that their situation provided a strong argument for "extenuating circumstances," the key component for successful J-1 Waiver transfer petitions, and the details of their situation would likely allow the doctor to pursue a successful J-1 Waiver Transfer.

This Anesthesiologist's spouse was working in a separate state due to limitations of their individual statuses and considerations for the couples' independent career development. The Anesthesiologist's spouse was also raising the couple's two children, with little support of their spouse due to the distance. Over time, this situation became extremely difficult, resulting in severe stress, depression, and other mental health struggles for the Anesthesiologist and their spouse. The Anesthesiologist found themself struggling to support their family in an effective manner while balancing work obligations that were multiple states away. Concurrently, the Anesthesiologist was being overworked and required to regularly wear a lead apron for extended periods of time that are beyond what is typical for the position. The Anesthesiologist's employer was unwilling or unable to alleviate this situation in a meaningful way, and this resulted in the aggravation of a prior health issue for the Anesthesiologist, requiring them to attend ongoing physical therapy. While the Anesthesiologist's case integrated some issues related to their then-current employer, this case was largely based around personal issues that arose from them being required to serve their J-1 waiver time in a different state than their family, and the unexpected consequences arising from this situation.

We presented details of the circumstance, backed by evidence of decline in the Anesthesiologist's, and spouse's, physical and mental health. These details were strengthened through the use of letters from mental health professionals and physicians. We also utilized a declaration where the Anesthesiologist layed-out their situation from their perspective to provide direct insight into the extenuating circumstances. These points were presented as culminating in a situation that should be considered untenable within the extenuating circumstances standard, and thus, the Anesthesiologist should be granted a J-1 Waiver Transfer to another eligible facility closer to their family.

We worked closely with this Anesthesiologist to best present the circumstances of their employment, and ultimately worked out a successful approach that accounted for timing issues arising from their then-current employment terms requiring lengthy advance notice of resignation. The transfer request was approved immediately upon submission, without RFE.