HHS Publishes New Rules for
J-1 Visa Waivers
December 20, 2002 - The Department of Health and Human
Services (HHS) Dec. 19 published in the Federal Register
[67 FR 77692] new
regulations governing requests for waivers of the two-year
foreign residence requirement of the Exchange Visitor (J-1
visa) Program. Under the new rules, health care institutions
and facilities will be able to submit to HHS applications
for waiver of the two-year home country requirement in return
for the J-1 foreign physician's commitment to at least three
years service in a health professional shortage area (HPSA)
or Medically Underserved Area (MUA). The interim final rule
took effect upon publication; public comments are welcomed
until Feb. 3, 2003.
Many foreign physicians that seek graduate medical education
training in the United States do so on J-1 visas. Upon completion
of their training, the J-1 program requires that the physician
return to their home country for at least two years to share
the benefit of their new knowledge. Under limited circumstances,
J-1 foreign physicians may seek a waiver of this home country
requirement. One way to receive a waiver is to petition an
interested government agency. Previously, HHS only supported
waiver requests for researchers; expansion of the program
to include J-1 physicians to serve in HPSAs comes as a result
of the U.S. Department of Agriculture's decision to terminate
its participation in the program earlier this year.
The HHS waivers are available to J-1 physicians practicing
in primary care (defined as general internal medicine, pediatrics,
family practice, or obstetrics/gynecology) and general psychiatrists
and are available up to one year following the completion
of the residency training program. Health care institutions
applying for the waivers must document their good faith efforts
to recruit U.S. physicians.
Information:
Jonathan Fishburn, Director, Research, Education and Veterans' Legislative Affairs
AAMC Government Relations
jfishburn@aamc.org
(202) 828-0525
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