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Results 1 to 7 of 7

Thread: J1 Waiver IGA

  1. #1
    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. #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.

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

  4. #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..

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

  6. #6
    Well, how about USIA sponsored people?

  7. #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.

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