Immigration: Foreign Physicians and the J-1 Visa Waiver Program (CRS Report for Congress)
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| Release Date |
Revised Dec. 9, 2004 |
| Report Number |
RL31460 |
| Report Type |
Report |
| Authors |
Karma A. Ester, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Educational and Cultural Exchange Visitor program has become a gateway for foreign
medical
graduates (FMGs) to gain admission to the United States as nonimmigrants for the purpose of
graduate medical education and training. The visa most of these physicians enter under is the J-1
nonimmigrant visa. Under the J-1 visa program, participants must return to their home country after
completing their education or training for a period of at least two years before they can apply for
another nonimmigrant visa or legal permanent resident (LPR) status, unless they are granted a waiver
of the requirement.
The J-1 visa waiver program has recently undergone significant change. In February 2002, the
United States Department of Agriculture (USDA), which had historically been the largest sponsor
of waivers, decided to end its participation as an interested government agency (IGA). This
development and the pending expiration of the "Conrad 20" program, which allowed 20 waivers per
state, threatened the continued availability of waivers. These developments raised concerns among
many in medically underserved areas because it is often difficult for them to find U.S. medical
graduates willing to practice in these areas. Bills introduced in the 107th Congress proposed
changes
to the "Conrad 20" program, including expanding the program and making it permanent.
In an effort to ensure the continued availability of medical care in underserved areas, the
Department of Health and Human Services (HHS) announced it would assume USDA's role as a
sponsor of J-1 primary care physicians. This was a policy change for HHS which has historically
been very restrictive in its sponsorship of waivers. Prior to this announcement, HHS had limited
sponsorship to research physicians and scientists involved in research of international or national
significance.
On November 2, 2002, the "Conrad 20" program was extended until 2004 and the number of
waivers available to states was increased to 30. This program, which is now referred to as the
"Conrad 30"or "State 30" program, expired on June 1, 2004.
Several measures, to address the expiration of the "Conrad 30" program were introduced in the
108th Congress. On December 3, 2004, S. 2302 became P.L. 108-441 . The new law
extends the program until June 1, 2006; exempts physicians granted waivers from the H-1B
numerical limits; allows states to hire primary and speciality care physicians; and place up to five
physicians in shortage areas designated by the state.
