Most aliens admitted to the United States on a J-1 Visa to
participate in educational exchange programs are required by section 212 (e) of
the Immigration and Nationality Act (8 U.S.C. 1182 (e) to return to their home
country or last permanent residence for two years before they are eligible to
apply for an immigrant visa, permanent residence or another nonimmigrant
visa.
The State Department can issue waivers to this requirement
allowing them to practice primary care medicine in medically underserved rural
areas of the United States.
Congress authorized federal and state agencies to act as an
Interested Government Agency (IGA) to request a waiver of the two-year home
residence requirement if granting the waiver would be in the public
interest.
The U.S. Department of Agriculture has played dual roles in
participating in the H-1B and J-1 Visa and Visa Waiver Programs.USDAs participation in the J-1Visa and Visa
Waiver programs has been entirely discretionary.For a number of years, USDA served as a sponsor supporting the
granting of H-1B and J-1 visas for foreign research scientists.In addition, since 1994, USDA has served as
an Interested Government Agency (IGA) for foreign medical doctors.
Last fall, USDA began an extensive review of these programs
in light of increased security.The
review revealed that USDA has been granted no special authority and no
additional funding to sponsor visas for scientists or to serve as an IGA
supporting waiver applications.USDA
has no specific authority to conduct adequate background checks on applicants
or to rely upon other federal agencies to do so.Because of this, USDA has decided to discontinue its role as an
IGA on behalf of foreign research scientists or physicians desiring a
recommendation of a J-1Visa waiver.
