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Immigration News Flash

December 24, 2003

The HHS and J-1 Waivers for Physicians

The Department of Health and Human Services (HHS) has just reopened its J-1 waiver program for physicians working in underserved areas, after several months of closure for an apparent review of the program. The program is utilized by physicians who are in the U.S. in J-1 status seeking a waiver of their two-year home residency requirement. HHS will act as an interested government agency to recommend a waiver of the home-country residence requirement in certain situations for physicians and areas satisfying specified criteria.

The program now has significant new restrictions reducing the number of physicians eligible for the waiver. These restrictions include:

  • Only facilities in Health Professional Shortage Areas with a certain score will qualify. Medically Underserved Areas are no longer eligible.
  • Only Health centers qualified pursuant to the Public Health Service Act,rural facilities as defined by the Social Security Act, and Native American/Alaskan Native tribal facilities will qualify for the HHS waiver.

It is not yet clear why these limitations have been instituted. Programs like this one have been instrumental in helping communities provide needed health care services to their residents. As the country continues to face a severe shortage of physicians, the need for waiver programs attracting foreign physicians will continue.

  Click here to see an excerpt from the HHS website (PDF/120 kb, 2 pages)

For more information please contact the GT Business Immigration Group.