What Does INA §214(l) Require From J-1 Physicians Who Receive Waivers?
INA §214(l), codified at 8 U.S.C. §1184(l), imposes employment, service, shortage-area, state-allocation, and compliance requirements on qualifying physician waivers requested by interested state or federal agencies.
The statute applies to qualifying state and federal physician waiver requests
Section 214(l) restricts DHS's authority to grant covered physician waivers unless the statutory employment and service conditions are met.
The state allocation is limited
For interested state agency requests, the statute limits the state's annual allocation to thirty waivers.
The physician must begin and complete qualifying service
The physician generally must begin the qualifying employment within 90 days of receiving the waiver and continue working for at least three years, subject to the statutory extenuating-circumstances provision.
Failure to comply can reactivate the foreign-residence consequence
The statute provides significant consequences if the physician ceases to comply with the required employment agreement or the employment ceases to benefit the public interest during the required period.
Frequently Asked Questions
Where does the three-year physician service requirement come from?
INA §214(l).
Where does the 30-waiver state limit come from?
INA §214(l).
Does the statute recognize extenuating circumstances?
Yes.
Need Help With a J-1 Waiver?
The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.
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