What Special Rules Apply to VA and Federal Medical Research IGA Waivers?
INA §214(l) and current DOS instructions contain important physician IGA exceptions, including special treatment for Department of Veterans Affairs cases and federal-agency medical research or training.
VA hospitals do not need to be in a shortage area
DOS states that VA hospitals sponsoring an exchange visitor physician through the IGA route do not have to be located in a medically underserved area.
VA uses a memorandum of agreement
Current DOS instructions require a signed memorandum of agreement between the physician and VA hospital in place of the ordinary three-year employment contract submitted with the DOS package.
Federal medical research or training has a geographic exception
INA §214(l) excepts an interested federal agency request to employ the physician full-time in medical research or training from the normal statutory requirement that medical practice occur in a designated shortage area.
Do not assume every physician IGA case uses the same checklist
The sponsoring agency and proposed medical role matter. Applicants and agencies should identify the precise statutory and DOS category before assembling the physician waiver package.
Frequently Asked Questions
Must a VA hospital be in a HPSA or MUA?
No. DOS states that VA hospitals do not need to be located in an underserved area for this IGA route.
What replaces the standard employment contract in a VA application?
DOS calls for a signed memorandum of agreement between the physician and hospital.
Does federal medical research have to occur in a shortage area?
INA §214(l) contains an exception for an interested federal agency employing the physician full-time in medical research or training.
Need Help With a J-1 Waiver?
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