USDA to Process Pending J-1 Waiver Requests
Posted Apr 26, 2002

On April 16, 2002, the USDA announced it would temporarily resume participation in the J-1 waiver program for foreign physicians by acting as an Interested Government Agency (IGA). We had reported on the USDA's withdrawal from participation in our March 15, 2002 MurthyBulletin article, USDA Ends Its J-1 Waiver Program, available on MurthyDotCom. This article detailed the USDA's discontinuation of its role as an IGA due to security concerns. The USDA now reveals it will act as an IGA on a temporary basis solely in order to complete processing on the 86 applications that are pending for IGA sponsorship.

The J-1 visa is issued for exchange visitors. Most foreign-trained physicians and many foreign research scientists utilize the J-1 visa. The J-1 contains a two-year, home-country return requirement at the end of the period of authorized stay for many individuals, including physicians in graduate medical education / training programs. Those J-1 visa holders who are subject to this requirement must return to the home country for two years prior to being eligible to change non-immigrant (temporary) status, obtain approval of an H or L petition, or adjust status to permanent residence. Only extremely limited exceptions to this rule exist. However, in some instances it is possible to obtain a waiver of the return requirement.

One of the primary means by which a physician obtains a waiver of the two-year return requirement is through an Interested Government Agency. That is, if the applicant is performing work that the agency determines to be in the public interest it will recommend the waiver. The waiver programs for physicians generally obligates them to practice in a medically underserved area (MUA) or Health Professional Shortage Area (HPSA) for three years. Since 1994, the USDA's J-1 waiver program has played a key role in providing health care for rural residents.

Due to security concerns in the wake of September 11^th, the USDA reviewed the program. As part of that review, they discovered that they lacked authority to conduct adequate background checks or on-site compliance reviews. Some of the individuals named in the USDA's pending applications were determined by the U.S. Department of Justice to be "security risks." Additionally, there are ongoing investigations relating to fraud and other criminal matters in connection with the J-1 program at the USDA. For all of these reasons, the USDA withdrew from the program.

However, the USDA has apparently installed sufficient checks to resume the program, at least temporarily. The new procedure will provide for a U.S. Department of Justice and U.S. Department of State review of each candidate prior to USDA sponsorship; an assurance that all security concerns are addressed. Additionally, the U.S. Department of Health and Human Services will assist in credentials verifications, confirm information regarding the potential employer, and ensure that the physician is engaged in the required work after approval.

The J-1 program is under review through an interagency taskforce, as the Bush administration recognizes how valuable J-1 IGA participants are to medically underserved areas. This is a positive step in addressing security concerns, while continuing to make doctors available where they are needed most.