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J1 Waiver IGA

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  • J1 Waiver IGA

    Hello,
    1. Does any of you know of a Fulbright student funded by a US agency who received a waiver of the 2 years Home Residency Requirement?
    2. What was the basis of the waiver?
    3. For a waiver through IGA (Interested Government Agency), does the sponsoring agency matter? (Assuming you have a choice between NASA and DOE).

    Thank you very much for your input.

  • #2
    Hello,
    1. Does any of you know of a Fulbright student funded by a US agency who received a waiver of the 2 years Home Residency Requirement?
    2. What was the basis of the waiver?
    3. For a waiver through IGA (Interested Government Agency), does the sponsoring agency matter? (Assuming you have a choice between NASA and DOE).

    Thank you very much for your input.

    Comment


    • #3
      I've heard that Fulbright Scholars NEVER get a waiver; State Dept. is pretty firm on that particular category.

      Comment


      • #4
        Correct, Two years requirement is must for fullbright, unless he can prove unusual hardship to USC/LPR.
        Its a discussion, not a legal advise..

        Comment


        • #5
          Correct,
          Its a discussion, not a legal advise..

          Comment


          • #6
            Well, how about USIA sponsored people?

            Comment


            • #7
              The no objection section of the law (section (d)) contains the following statement:

              22CFR41.63 d(2)
              The Waiver Review Division shall review the program, policy, and foreign relations aspects of the case and forward its recommendation to
              the Commissioner.

              This is supported by anecdotal evidence that a no-objection letter is not considered valid grounds for a waiver recommendation when US Gov financing was involved, and such requests are denied as a matter of policy. It appears that the clause above gives the Waiver Review Board such discretion.

              However I see no such verbiage in the IGA section of the same law (section c).

              Quote:

              (c) Requests for waiver made by an interested United States
              Government Department of State. (1) A United States Government agency
              may request a waiver of the two-year home-country physical presence
              requirement on behalf of an exchange visitor if such exchange visitor is
              actively and substantially involved in a program or activity sponsored
              by or of interest to such agency.
              (2) A United States Government agency requesting a waiver shall
              submit its request in writing and fully explain why the grant of such
              waiver request would be in the public interest and the detrimental
              effect that would result to the program or activity of interest to the
              requesting agency if the exchange visitor is unable to continue his or
              her involvement with the program or activity.
              (3) A request by a United States Government agency shall be signed
              by the head of the agency, or his or her designee, and shall include
              copies of all IAP-66 forms issued to the exchange visitor, his or her
              current address, and his or her country of nationality or last legal
              permanent residence.
              (4) A request by a United States Government agency, excepting the
              Department of Veterans Affairs, on behalf of an exchange visitor who is
              a foreign medical graduate who entered the United States to pursue
              graduate medical education or training, and who is willing to provide
              primary medical care in a designated primary care Health Professional
              Shortage Area, or a Medically Underserved Area, or psychiatric care in a
              Mental Health Professional Shortage Area, shall, in addition to the
              requirements set forth in Sec. 514.44(c) (2) and (3), include:
              (i) A copy of the employment contract between the foreign medical
              graduate and the health care facility at which he or she will be
              employed. Such contract shall specify a term of employment of not less
              than three years and that the foreign medical graduate is to be employed
              by the facility for the purpose of providing not less than 40 hours per
              week of primary medical care, i.e. general or family practice, general
              internal medicine, pediatrics, or obstetrics and gynecology, in a
              designated primary care Health Professional Shortage Area or designated
              Medically Underserved Area (``MUA'') or psychiatric care in a designated
              Mental Health Professional Shortage Area. Further, such employment
              contract shall not include a non-compete clause enforceable against the
              foreign medical graduate.
              (ii) A statement, signed and dated by the head of the health care
              facility at which the foreign medical graduate will be employed, that
              the facility is located in an area designated by the Secretary of Health
              and Human Services as a Medically Underserved Area or Primary Medical
              Care Health Professional Shortage Area or Mental Health Professional
              Shortage Area and provides medical care to both Medicaid or Medicare
              eligible patients and indigent uninsured patients. The statement shall
              also list the primary care Health Professional Shortage Area, Mental
              Health Professional Shortage Area, or Medically Underserved Area/
              Population identifier number of the designation (assigned by the
              Secretary of Health and Human Services), and shall include the FIPS
              county code and census tract or block numbering area number (assigned by
              the Bureau of the Census) or the 9-digit zipcode of the area where the
              facility is located.
              (iii) A statement, signed and dated by the foreign medical graduate
              exchange visitor that shall read as follows:

              I, -------------------- (name of exchange visitor) hereby declare
              and certify, under penalty of the provisions of 18 U.S.C. 1101, that I
              do not now have pending nor am I submitting during the pendency of this
              request, another request to any United States Government department or
              agency or any State Department of Public Health, or equivalent, other
              than -------------------- (insert name of United States Government
              Agency requesting waiver) to act on my behalf in any matter relating to
              a waiver of my two-year home-country physical presence requirement.

              (iv) Evidence that unsuccessful efforts have been made to recruit an
              American physician for the position to be filled.
              (5) Except as set forth in Sec. 514.44(f)(4), infra, the
              recommendation of the Waiver Review Division shall constitute the

              [[Page 202]]

              recommendation of the Department of State and such recommendation shall
              be forwarded to the Commissioner.

              Don't know of any actual cases involving Fullbright/USIA and IGA.

              Comment



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