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HHS
AND APPALACHIAN REGIONAL COMMISSION J-1 WAIVERS FOR PHYSICIANS
HHS WAIVERS The U.S. Department of Health and Human Services (HHS) has recently announced a major change and improvement in the sponsorship of J-1 physicians for waivers. On December 19, 2002, new regulations were issued which provide for the sponsorship of J-1 waivers for physicians who have been offered primary care positions in medically under served regions throughout the United States. Prior to this expansion of sponsorship, HHS limited its sponsorship to physicians engaged in internationally significant medical research. Due to recent tightening of HHS rules for Fiscal 2004 waivers, the HHS waiver will likely not be an option for most clinical physicians. ARC WAIVERS Under certain circumstances, the Appalachian Regional Commission will request a waiver of immigration requirements for foreign-trained physicians doing residency work in the United States under a J-1 visa. Physicians receiving these waivers must practice for at least three years in rural Appalachian areas that suffer critical health manpower shortages. These areas, called Health Professional Shortage Areas, are identified by the U.S. Public Health Service. Frequently Asked Questions about the HHS And ARC Waivers
FREQUENTLY ASKED QUESTIONS: 1. I heard that HHS issued more stringent requirements for J1 waivers for the 2004 Fiscal Year. What are those restrictions? On December 19, 2003, new rules were set forth for HHS waivers for the 2004 Fiscal Year. HHS will no longer agree to recommend waivers for physicians with job offers in all HPSA/MUA areas. Instead, these new rules require that the HPSA/MUA area have a score of 14 or above, and that the sponsoring facility be a Federally designated health center, a rural health clinic, or a Native American/Alaskan native medical facility. These new rules effectively reduce by over 90% the number of physicians who would qualify for the HHS waiver, rendering the program practically useless for most. 2. How do I proceed an HHS waiver? Contact us by email or phone and we will gladly assist you with the preparation and filing of the necessary waiver application. 3. How do I gain more information about the ARC waiver? Requests for waivers under the ARC J-1 Visa Program must be sponsored by a state within the Appalachian Region. All inquiries should be made to the state contacts listed below. Alabama Charles Lail Phone: (334) 206-5396 Georgia Monique Rigard Phone: (404) 657-6620 Kentucky Danise Newton Phone: (502) 564-8966 Maryland Antionette Coward Phone: (410) 767-5602 Mississippi Linda Young Phone: (601) 576-7216 New York Steve Swanson Phone: (518) 473-7019 North Carolina Tom Tucker Phone: (919) 733-2040 Ohio Phil Styer Phone: (614) 644-8063 Pennsylvania Constance B. Hanna Phone: (717) 772-5298
South Carolina Mark Jordan (WRITTEN
INQUIRIES ONLY) Tennessee Michael Gregory Phone: (615) 741-4007
Virginia Brunilda A. Caro-Justin Phone: (804) 786-4891 West Virginia Jim Critini Phone: (304) 558-4382 Please contact our law firm at (248) 539-5300 to discuss the particulars of applying for an ARC waiver. 4. How can your firm help me with the HHS and ARC waiver processes? The attorneys at our firm have special expertise in handling all types of waiver applications, and will be able to provide you with specialized assistance with respect to both HHS and ARC waiver applications. |
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