Dr. Prakash Jha was about to complete his fellowship in pediatric critical care at the University of Texas when he began discussions with Dr. Meena Vohra’s Las Vegas Pediatric Critical Care Associates (LVPCCA) to sponsor his visa application under the Conrad 30 waiver program and for long-term employment. While in medical school, Dr. Jha was the beneficiary of a J-1 visa. Dr. Jha was offered a five-year employment contract by LVPCCA in August 2018 that contained a non-compete agreement. Dr. Vohra’s LVPCCA has a $10,789,000 five-year contract, beginning March 2024, with the University Medical Center to provide pediatric critical care. Per the employment contract, Dr. Jha was hired at an annual salary of $225,000.

Dr. Jha’s visa was set to expire in June of 2019. Per the lawsuit, given that he could not re-apply for the J-1 visa, Dr. Jha chose to apply for the H-1B visa through the J-1 visa waiver/Conrad 30 program, which is part of a program that allows employers to hire noncitizens in specialty occupations that hold highly specialized knowledge.

Upon expiration of a J-1 visa, the visa holder must return to their home country for two years before they can re-apply for a new visa. To waive this residency requirement, Dr. Jha took advantage of the Conrad 30 waiver program, which is administered jointly by the state and federal governments and allows employers to waive the foreign residency requirement to hire highly trained noncitizens, particularly doctors, to improve access to primary or specialty care.

Under the Conrad 30 waiver program, the contract entered into by the employer and the J-1 visa physician must not include a non-compete clause or restrictive covenant that prevents or discourages the J-1 visa physician from continuing to practice after the contract expires.

It is alleged that although Dr. Jha informed LVPCCA of this prohibition and requested that the clause be removed, Vohra’s LVPCCA refused to remove it. Because his J-1 visa was set to expire on June 30, 2019, and the Conrad 30 waiver process could take up to a year, Dr. Jha agreed to sign the August 2018 agreement with the non-compete.

LVPCCA submitted the employment agreement to the Nevada Division of Public and Behavioral Health (“DPBH”) and other appropriate government agencies. However, Dr. Jha’s initial Conrad 30 waiver application was denied due to the non-compete clause. Vohra’s LVPCCA was informed to revise the August 2018 employment agreement and remove any non-compete provisions.

Following this denial, LVPCCA drafted two separate employment agreements to circumvent the Conrad 30 Waiver Program rules. LVPCCA drafted the first Agreement without a non-compete clause to obtain approval from the DPBH and other government agencies for Dr. Jha’s employment with LVPCCA. In addition, LVPCCA drafted the second Agreement with a non-compete with a two-year term to begin immediately after the expiration of the first contract.

Upon completion of 3 years of employment, having met the terms of the Nevada Conrad State 30 Program, and in consideration of the Employee’s continued employment, Dr. Jha agreed that while employed during the restricted period, he shall not, without Vohra’s prior written consent will engage in direct or indirect competition with Dr. Vohra’s LVPCCA.

Dr. Jha’s Conrad 30 waiver application was approved based on the three-year contract without a non-compete clause. However, the Agreement with the non-compete clause was not disclosed to the NV State Division of Public Health and Behavioral Health (DPBH). Dr. Jha fulfilled the terms of both the three-year and two-year agreements and ceased employment with LVPCCA in conformance with the terms of the Agreement on June 30, 2024. 

After his separation from LVPCCA, Dr. Jha began preliminary discussions with the Pediatric Medical Group about continuing to provide pediatric intensivist services in Las Vegas, Nevada. During the potential hiring process, Dr. Meena Vohra of LVPCCA contacted Summerlin Hospital’s credentialing department and threatened a lawsuit based on the non-compete clause in Dr. Jha’s employment agreement if he was hired. After that, Pediatric Medical Group terminated the employment process with Dr. Jha. 

Per the Nevada Revised Statutes, Nevada prohibits the inclusion of a non-compete clause in any contract submitted to the DPBH for purposes of the Conrad 30 waiver program. The second two-year Agreement signed by Dr. Jha, which contained a non-compete agreement, was not submitted to the DPBH for approval. In a letter to LVPCCA, the N.V. State Division of Public Health and Behavioral Health wrote that practitioners which demonstrate restrictive hiring practices may still be denied future J-1 applications, as such practices are not in the public interest of the Program. In the past, some local Indian physician-owned practices were barred from hiring J-1 physicians due to violations of J-1 laws.

The court ordered and granted Dr. Jha’s motion for preliminary injunction. The purpose of a preliminary injunction is to preserve the status quo and protect the parties’ rights until the final judgment in the case. Additionally, the court ordered that the defendant (LVPCCA) is hereby enjoined from taking any action to enforce the non-compete clause.

• Dr. Prakash Jha’s Employment Agreements – Without non-compete clause; With non-compete clause.
• Letter to Dr. Meena Vohra’s LVPCCA from the Nevada State Department of Health and Human Services