Strict Fellowship Program of J-1's Spouse Plus Birth of New Child Permits a J-1 Waiver Physician Transfer Due to Extenuating Circumstances December 30 2011- We received an H-1B visa waiver transfer approval for a pediatrician who was in the process of completing the service in a J-1 waiver job but needed to transfer. The physician is married to another physician who was enrolled in a fellowship program in the same state as the waiver physician. However, waiver spouse’s fellowship program abruptly withdrew sponsorship, forcing the fellow to apply for other positions in order to complete the fellowship to become licensed. After looking for a fellowship position in the waiver and neighboring states unsuccessfully, the fellow obtained a fellowship position in the south, requiring a relocation. We were retained to apply for the waiver transfer for the physician due to the husband’s new fellowship program in a different state. In the application, we supplied sworn statements and documentation showing that the couple could not have anticipated the abrupt withdrawal of the original fellowship sponsor. We also submitted documentation that the couple applied to most of the fellowship programs in the waiver state to no avail, along with evidence that the completion of the fellowship program was necessary for licensure. We also explained the difficulties for the couple if they were required to live in different states, especially with the addition of a new born. After reviewing the lengthy evidence, submissions and declarations, the USCIS approved the transfer due to extenuating circumstances, permitting the physician couple to move and practice in a different state together.