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*** January 2005 Update***
Veterans Health Administration has issued VHA Handbook 5005.1 outlining requirements about VHA's use of the J-1 Waiver process. The Handbook is available at (http://www1.va.gov/vhapublications/publications.cfm?pub=2)
The Handbook has good checklists for local facilities to use to make sure legal requirements are met and VHA process is followed.
***December 2004 Update:***
President Bush has signed Public Law 108-441. This law exempts the VA from the 65,000 H1-B visas per year limit in the general law. Thus the VA can again process J1-1 Waiver requests with the knowledge that an H1-B visa can be obtained if the J1-Waiver request is successful.
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Procedures for Obtaining Waiver of a J-1 Visa Home Country Return Requirement
The VA is committed to preferentially hiring US citizens and permanent residents. However, given the current shortage of anesthesiologists, and especially anesthesiologists with specific qualifications, facilities may not be able to recruit one. In the last few years, many highly qualified foreign visitors have trained in the US under a J-1 visa. This visa is intended for training purposes only and requires the holder to return to his/her home country for a minimum of two years before returning to the United States.
In certain circumstances, the home country return requirement may be waived. For many specialties, this requires practicing in an area of physician shortage. For anesthesiologists, the only option is working at a Federal facility, most commonly for the Veterans Health Administration.
Within the VA, Central Office's Office of Human Resources Management is the expert. Some J-1 applicants have found it beneficial to retain an experienced immigration lawyer.
There are many steps in the VA process. To make sure all steps all followed, please download and read the new Handbook issued January 26, 2005. It sets forth clearly the steps a local facility must follow and contains good checklinsts and examples. The Handbook can be downloaded at
http://www1.va.gov/vhapublications/publications.cfm?pub=2)
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