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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.
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