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Appendix 45-1 Addendum to Section 212(e) Waiver Approvals.
ADDENDUM TO SECTION 212(e) WAIVERS
GRANTED PURSUANT TO PUB. L. 103-416 AND PUB. L. 104-208
Because of your current or prior J-1 status (J-2 for your spouse and children) as a foreign medical graduate, you are subject to the 2-year foreign residence requirement established under section 212(e) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1182(e). On the basis of a waiver request made under
Pub. L. 103-416 (by a State Department of Public Health) OR
Pub. L. 104-208 (by an interested U.S. Government Agency)
the United States Information Agency has recommended the waiving of the foreign residence requirement in your case.
Upon consideration of the evidence of record, and on the basis of the favorable USIA recommendation, the Service grants you and your J-2 dependent family members who are subject to the 2-year foreign residence requirement a waiver of section 212(e) of the Act. If any member of your immediate family was ever subject to the 2-year foreign residence requirement because of his or her own current or prior nonimmigrant status as an exchange alien (independent of you), that family member will need to apply for a
separate waiver in his or her own behalf to remove that obligation.
Your approved waiver is subject to the following terms and conditions specified in section 214(
) of the Act:
1. Within 90 days of the date of this notice you must commence employment with the health care facility named in the request submitted to USIA within 90 days.
Unless paragraph B or C applies to your case, you must practice medicine at this health care facility for at least 3 years. During this 3-year period, you may only practice medicine in geographic areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals.
If the United States Department of Veterans' Affairs requested the waiver in your case, you must work for the VA for at least 3 years, but you are not limited to HHS-designated shortage areas.
If a Federal agency requested the waiver so that the Federal Agency may employ you full-time in medical research or training, you must work for that agency in medical research or training for at least 3 years.
You may complete the required 3-year period of employment only as an H-1B nonimmigrant. You may not change to another nonimmigrant classification, apply for adjustment of status to lawful permanent resident, or apply for an immigrant visa, unless you have fulfilled the 3-year employment contract with the health care facility named above.
IF YOU DO NOT COMPLY WITH THE TERMS AND CONDITIONS IMPOSED ON THIS WAIVER, YOU AND YOUR IMMEDIATE FAMILY MEMBERS WHO WERE INCLUDED IN THE WAIVER APPLICATION WILL AGAIN BECOME SUBJECT TO THE 2-YEAR FOREIGN RESIDENCE REQUIREMENT UNDER SECTION 212(e) OF THE ACT.