Members of the American Immigration Lawyers Association recently met with high officials of the United States Information Agency to discuss important issues relating to the J-1 Exchange Visitor Visa Program.

The following are highlights of the meeting:

- The USIA agreed that if a State 20 waiver is granted by one state and the employment relationship dissolves for extenuating circumstances, then the physician may satisfy the three year commitment in another Health Professional Shortage Area or Medically Underserved Area. The new state is not required to notify the old employment state. And the old state would not get the visa number back to include in its annual allotment of 20 waivers nor would the new state be charged a waiver number. But the USIA noted that it would play no role in a transfer to a new job. That would be the INS' responsibility.

- The USIA will not grant a hardship waiver for a physician already granted a waiver through an interested government agency (this might be sought in order to avoid the three year H-1B requirement under the IGA waiver regulations). But it would entertain a hardship waiver application if a physician were again subject to the foreign residence requirement. Of course, this would be a highly risky strategy for someone to pursue.

- The USIA finally put the question to rest that there is no longer a de minimis waiver for recipients of Fulbright Travel Grants.

- The USIA made it clear that physicians may not engage in "moonlighting" outside of their exchange program.

- The USIA discussed when an Exchange Visitor may fulfill the home residence requirement incrementally rather than leaving for a continuous two year period. Specifically, the USIA said that once one completes their J-1 program, he or she could satisfy the residency requirement incrementally. But the agency did note that if one returns in J-1 status where a home residency requirement would not apply, the case might be different. If one returns to participate in an exchange program in the same category, then time spent in the home country during that program would not count toward satisfying the residency requirement. But if the J-1 category is different (e.g. student v. research scholar), then time spent in the home country during the second J-1 status would count toward satisfying the home residency requirement.

- The USIA attached a policy statement regarding service in the US or a third country at the request of a home government and the foreign residence requirement:

"It has been the policy of this Agency that the period of time a former exchange visitor spends in the United States or a third country may count towards fulfillment of the two-year requirement if the person is employed by his or her government in its military service or career service and that person is serving in a country other than the home country at the behest of the visitor's government. Before this Agency can determine that the individual has satisfied the foreign residence requirement, we require a written statement from an official of the home government (through the Embassy in Washington DC) that the individual was or will be serving in the United States or third country in the service of the visitor's home country and at that government's request."

- AILA reported that it has learned that the USIA has determined that program extensions and transfers may not be made during the 30 day grace period following completion of a J-1 program. AILA noted that USIA's position here is inconsistent with the corresponding INS policy in F-1 cases. The USIA stated that its interpretation is justified and did not address the apparent contradiction with the INS approach on the issue.

- The USIA provided a few statistics on home residency waivers

Total waivers processed: 5528 Favorable: 5164 Unfavorable: 364

Total number of State waiver applications received as of 5/20/98 for FY 98 is 452

Total number of State waiver applications received in FY 97 was 511

States with 20 applications for FY 98: Connecticut, Illinois, Kentucky, Michigan, Missouri, Washington and Nevada.

States that probably have 20 in the process: Delaware, Florida, Georgia, Indiana, Ohio and Rhode Island.

States which processed 20 applications in FY 97: Delaware, Georgia, Florida, Illinois, Kentucky, Indiana, Mississippi, Michigan, New York, Washington, Wisconsin

Recorded as "18" or "19" in FY 97: Maryland, North Carolina, New Mexico, Iowa and Rhode Island.