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USIA ISSUES REGULATION AFFECTING INTERESTED GOVERNMENT AGENCY REQUESTS FOR J-1 WAIVERS
On May 28, 1997, the United States Information Agency (USIA) published a final rule regarding Interested U.S. Government Agency requests for waiver of the two year home residency requirement. 
The USIA estimates that 175,000 foreign nationals study, train or work in the United States each year. Of this number, more than 100,000 exchange visitors are subject to the two year home residency requirement. An exchange visitor is subject to this requirement if he/she: (1) received U.S. or foreign government funding for studies or training in the U.S.; (2) received education or training in a field deemed of importance to his/her home government; or (3) entered the U.S. to pursue graduate medical training. 
There are four grounds for obtaining a waiver of this two year home residency requirement: (1) a "no objection" letter from the visitor's home government; (2) proof of exceptional hardship to the visitor's U.S. citizen spouse or child; (3) proof of reasonable fear of persecution if the visitor returns to his/her home country; or (4) a request by an Interested U.S. Government Agency. 
In an effort to provide more efficient and uniform processing, the USIA amended the regulations to require that each request by an Interested U.S. Government Agency address two points: (1) the public interest served by granting the waiver request; and (2) the detrimental effect that would result to the program if the exchange visitor were required to return home. 
The USIA also clarified the requisite documentation for requests on behalf of foreign medical graduates. First, the Interested U.S. Government Agency must submit an employment contract, specifying that the foreign medical graduate will provide no less than 40 hours per week of primary medical care for three years. Primary medical care is described as general or family practice, general internal medicine, pediatrics, obstetrics, and gynecology. In addition, the contract should not include a non-compete clause. 
Second, the head of the health care facility that will employ the foreign medical graduate must submit a letter stating that the facility is located in a designated primary health care Health Professional Shortage Area (HPSA), designated Medically Underserved Area (MUA), or designated Mental Health Professional Shortage Area (MHPSA). The letter should confirm that the facility provides medical care to Medicaid eligible, Medicare eligible, and indigent uninsured patients. It must also list the Department of Health and Human Services identifier number of designation, FIPS county code, and census tract or block numbering area number or zip code of the area where the facility is located. 
Third, the foreign national must submit a letter, using language specified in the regulation, affirming that he/she has no other Interested U.S. Government Agency waiver applications pending and that he/she will not submit other applications while the current case is being processed. 
Finally, the request must include evidence that unsuccessful efforts have been made to recruit a U.S. physician for the position. 
These changes went into effect on May 28, 1997. 
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