New J-1 Physician Waiver Regulations

Final regulations regarding the ability of individual States to sponsor the waiver of the normal J-1 two year "Home Residency Requirement" (HRR) for physicians have recently been adopted by the United States Information Agency (USIA). The new regulations enable State Health Departments or their equivalents to request the USIA to recommend that the Immigration Service waive the normal two year HRR for certain physicians. A maximum of 20 physicians may be sponsored for this purpose by each State. Only in cases where a physician's education or training was funded by his/her home country, the physican is required to obtain a "No-Objection" letter from the home government. Other waiver requirements include:
  1. A letter from the relevant State Health Agency confirming that the proposed waiver is in the public interest.
  2. The physician must have an employment contract to provide services in the State for at least three (3) years.
  3. The area where the services are to be provided is either a "Health Professional Shortage Area" or a Medically Underserved Area/Medically Underserved Population
These new waiver regulations will be valid until June 1996. Thereafter, Congress must decide whether or not to extend the program.

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