USIA ISSUES FINAL RULES FOR STATE-SPONSORED J-1 PHYSICIAN WAIVERS

The United States Information Agency has issued final regulations governing the ability of states to sponsor J-1 physicians for waiver of the two year home residency requirement (the “HRR”) normally accompanying such visas. The regulations reflect changes made to the Immigration and Nationality Act under Section 220 of the Immigration and Nationality Technical Corrections Act of 1994. The new provision permits the USIA to recommend that the INS grant a waiver of the HRR upon the request of a State Department of Health or its equivalent. Each state has the ability to sponsor up to twenty physicians per fiscal year. The most controversial provisions in the new regulations centered around a requirement that the physician receive a no objection letter from his or her home government. Under the final rule, the physician is only required to obtain a no objection letter in instances where the physician’s education or training has been funded by the home country government. Other requirements for a state-sponsored waiver include the following:

• a letter from the state agency stating that granting the waiver is in the public interest
• an employment contract between the facility and the physician with a term of at least three years
• a no objection letter where required
• evidence that the area where services will be provided is a Health Professional Shortage Area (“HPSA”) or as a Medically Underserved Area/Medically Underserved Population (“MUA/MUP”)

 

The regulations will be effective through June 1, 1996 when Congress must decide whether to extend the program.

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