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USIA PROVIDES GUIDANCE ON PHYSICIAN J-1 EXTENSIONS

Sally Lawrence, Chief of the USIA’s Program Designation Branch, has written a letter to the Educational Commission for Foreign Medical Graduates clarifying circumstances when J-1 visas for physicians may be extended.

The letter initially refers to 22 CFR 514.27(e)(3) of the USIA exchange visitor regulations which reads "Subject to the limitations set forth above, duration of participation may, for good cause shown, be extended beyond the period of actual training or education to include the time necessary to take an examination required for certification by a specialty board."

Because the H-1B cap was hit early this year, the USIA is granting ECFMG the authority to extend alien physicians, if necessary, beyond the seven year limit of the law if the doctor’s sole purpose for remaining in the US is to sit for a specialty/subspecialty certification examination offered by a member board of the American Board of Medical Specialties. ECFMG is authorized to sponsor alien physicians through the last day of the month in which the exam is administered, not to exceed six months.

The letter is only intended to affect cases of doctors who have received a waiver of the J-1 home residency requirement on the basis of receiving an Interested Government Agency of State 20 appointment and who is awaiting INS approval of the H-1B visa. Such doctors are not authorized to work during this period and the new IAP-66 form must clearly stated this.

To get the extensions, physicians must show ECFMG that

  • verification of registration for the ABMS exam;
  • verification of personal funds to support the doctor and any dependents and
  • verification of health insurance satisfying USIA requirements

ECFMG must submit to the USIA a list of all physicians getting extensions under this directive no later than October 31st.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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