Release No. fsj-1visa.02

USDA PARTICIPATION IN J-1 VISA WAIVER PROGRAM

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. USDA’s 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.

The USDA decision does not prevent applicants from obtaining waivers. A complete list of participating state and federal agencies can be found at http://www.travel.state.gov/jvw.html