Attention: New information for J-1 Visa physicians and prospective employers -- Possible exemption from the FY 2004 H-1B Cap

(Updated 04/01/04)

The United States Citizenship and Immigration Services announced in February that the FY 2004 cap for H-1B Visas had been met (view February update). J-1 Visa waivers requested by Federal interested government agencies such as HHS are subject to the cap, with some exceptions, such as research. Therefore, complete applications for waivers for clinical service that HHS has received to date will be forwarded beginning April 1, 2004 to the Department of State with a request for a recommendation for waiver for FY 2005, which begins October 1, 2004.

However, it is possible for HHS to make a request for a waiver in exemption of the FY 2004 cap under the following circumstance:

If the facility in which the J-1 physician is to be employed can show that it is affiliated with an institution of higher learning (that is, has a formal agreement with a health professions training program to serve as a clinical training site for the program's residents/students) the waiver of the two-year foreign residence requirement and subsequent issuance of an H-1B Visa may be granted in exemption of the H-1B cap.

A facility applying to HHS for a waiver must submit a copy of the agreement between the facility and the institution (in addition to the supporting documentation in Supplement B) to enable HHS to request that the Department of State recommend to the Department of Homeland Security that it grant a waiver in exemption of the cap. Such a request will be forwarded as soon as the application has been processed and credentials verification completed.

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