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J-1 Waiver: Request from Interested Government Agency


General IGA-Based Waivers

Q. What is required for a waiver based on an interested US Government Agency (IGA) application?
A. There are four requirements: (1) A letter from the designated official of the interested US government agency explaining why granting such a waiver is in the public interest of the US and why it would be detrimental to the agency if the exchange visitor returns to the home country to fulfill the two year requirement; (2) all DSP/IAP-66 forms; (3) the Data Sheet application; and (4) processing fee (cashier's check/money order for $230) and two self-addressed legal sized stamped envelopes.

IGA Physician Waivers

Q. If I am an exchange visitor physician and I plan to work in an underserved area in the U.S., what must be presented to obtain a waiver based on an interested U.S. government agency application?
A.
See HHS Physician or Biomedical Researcher Waivers. The following must be provided to obtain a waiver:

  • Data Sheet.
  • Processing Fee (cashier's check/money order for $230 US).
  • IAP-66 forms.
  • Curriculum Vitae.
  • Physician Statement: A signed/dated statement from physician including the following: "I, [name], hereby declare and certify, under penalty of the provisions of 18 USC 1101, that: (1) I have sought or obtained the permission of [name of US government agency which will submit/is submitting an IGA request on behalf of exchange visitor to obtain waiver of the 2 year home residency requirement]; and (2) I do not now have pending nor will I submit during the pendancy of this request another request to any U.S. government department or agency or any equivalent, to act on my behalf in any matter relating to a waiver of my two year home residence requirement."
  • Form G-28 or letter from a law office if an attorney represents the applicant.
  • Two self-addressed, stamped, legal-sized envelopes. Back to top.

In addition, the interested U.S. government agency must send the following directly to the Waiver Review Division:

  • A letter of request from the head of the agency, or designated official stating why it is in the public interest that the exchange visitor be granted a waiver of Section 212(e) of the INA.
  • A signed contract for no less than three years and 40 hours a week between the physician and the facility.
  • Evidence that the clinic/facility is located in a designated Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA). Back to top.
  • "No objection" statement from visitor's government ONLY in cases where the foreign government funding is involved.
  • Facility Statement: a statement signed by the head of the facility at which the foreign medical graduate will be employed stating the facility is located in a designated HPSA or MUA and provides medical care to both Medicaid and Medicare eligible patients, and indigent uninsured patients. The statement should also include the Federal Information Processing Standards county code and census tract or block numbering area number (assigned by the Bureau of Census) or the 9 digit zipcode of the area where the facility is located.
  • Evidence that unsuccessful efforts were made to recruit an American physician for the position (medical journal advertisements; labor certification or language in cover letter stating efforts to recruit an American physician have been unsuccessful).
  • Department of Veterans Affairs requests on behalf of J-1 physicians to serve in VA hospitals (note: VA hospitals do not have to be in an underserved area; and this request must include a memorandum of agreement between the physician and a hospital in lieu of a three year contract).

For faster processing, the interested Government Agency may submit both its and the applicant's required documentation together. Please note the CORRECT address to send documentation.

See also HHS Physician or Biomedical Researcher Waivers

Back to top.

 

Visitors please note that information on this site is subject to changes in U.S. law. It is general and not case-specific in nature.  Gathering information from this Web site should not be construed as receiving legal advice, and does not establish an attorney-client relationship with Kirberger PC. Issues presented on this site are extremely complex, and require analysis by a qualified immigration attorney on a case-by-case basis. In addition, links to government or other web sites may not be current or accurate. Visitors should consult an attorney on a case-by-case basis before relying on such information.
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