What Does 22 C.F.R. §62.27 Require for J-1 Physicians?
22 C.F.R. §62.27 governs the Exchange Visitor Program rules for foreign physicians and expressly provides that physicians entering for graduate medical education or training are automatically subject to INA §212(e).
The regulation governs alien physician exchange programs
Section 62.27 addresses foreign medical graduates pursuing graduate medical education or training and also distinguishes certain observation, consultation, teaching, research, and public-health programs.
ECFMG sponsors clinical graduate medical training
The regulation provides that the Educational Commission for Foreign Medical Graduates must sponsor alien physicians participating in covered graduate medical education or training programs.
Clinical graduate medical training automatically creates §212(e)
Paragraph (g) states that an exchange visitor physician coming for graduate medical education or training on or after January 10, 1977 is automatically subject to the two-year home-country physical presence requirement.
Nonclinical physician programs are treated differently
The regulation explains that physicians coming solely for observation, consultation, teaching, or research are not automatically subject based solely on being physicians, although government financing or the Skills List may independently make them subject.
Frequently Asked Questions
Which regulation governs J-1 alien physicians?
22 C.F.R. §62.27.
Are physicians in graduate medical education automatically subject to 212(e)?
Yes.
Is every physician in a research-only J program automatically subject because the person is a physician?
No. The regulation distinguishes nonclinical observation, teaching, consultation, and research programs, although another §212(e) trigger may still apply.
Need Help With a J-1 Waiver?
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