USDA Ends Its J-1 Waiver Program
Posted Mar 15, 2002

The United States Department of Agriculture (USDA) will no longer act as an "interested government agency" (IGA) in J-1 waiver cases. USDA had previously acted as an IGA on behalf of foreign research scientists and physicians, as part of the J-1 waiver procedure.

The J-1, exchange visitor category requires certain individuals to comply with a two-year, home-country return requirement at the end of their stays. These individuals are blocked from obtaining permanent residence or changing their status to most other non-immigrant (temporary) categories, unless they comply with the two-year return requirement.

As relief from the two-year return requirement, there are provisions for requesting a "waiver" or elimination of the requirement, in certain limited instances. One of the grounds for waiver frequently used by medical doctors is a request by a government agency. This request from the IGA must include an explanation as to why the waiver is in the public interest and why it would be detrimental to the particular agency if the individual returned to his/her home country.

USDA had previously supported many waivers for physicians in rural areas where there are serious doctor shortages. Although this type of waiver is still allowed under law through other federal agencies, the "Conrad 20" State Program, or the Veteran's Administration program, USDA's action significantly limits the total number of available waiver opportunities and may further exacerbate the shortage of doctors in many medically underserved areas.

USDA's decision is based upon a detailed review of its programs in light of increased security after September 11, 2001. This analysis revealed that the agency did not have any special authority or funding to sponsor visas for scientists or for serving as an IGA. USDA also does not have specific authority with regard to background checks. Therefore, USDA will no longer act as an IGA for J-1 waiver purposes.