2/23/2004

The U.S. Department of Veterans Affairs is responsible for providing federal benefits to veterans and their dependents. The VA will act as an interested government agency (IGA) and seek a waiver of the J-1 two-year home residency requirement (HRR) when it is clearly in the interest of the Department's mission and programs. . 

Obtaining an HRR waiver through the VA is particularly attractive to foreign medical graduates who are able to secure positions with a VA medical facility. The VA medical facility and the foreign medical graduate conjunctively prepare and file the waiver application with the VA central office in Washington D.C. 

The application then will be reviewed by the VA and forwarded to the U.S. Department of State (DOS). If the DOS recommends the waiver, it will be forwarded to BCIS for issuance of the approval notice. Eligibility Criteria for VA Waivers VA HRR waiver applicants must demonstrate that: (a) the loss of the exchange visitor’s services will disrupt a VA program; (b) the VA facility failed, after comprehensive recruitment not initiated specifically for the exchange visitor, to find a qualified U.S. physician (c) the position is in demand at a VA facility. 

The foreign medical graduate is also expected to comply with all Bureau of Citizenship and Immigration Services (BCIS) as well as U.S. Department of Labor regulations. In practical terms, this means the individual must procure H1B nonimmigrant status in order to begin working at the VA facility as a physician. 

It is the responsibility of the exchange visitor to inform the VA facility where s/he will work and as to whether the waiver has been denied or granted within 15 days of the decision. If approved, the VA facility then is expected to contact its central office on the date that the foreign medical graduate begins working. Waiver Subject to Reconsideration or Revocation The waiver will be subject to reconsideration if the required obligations are not met. Specifically, if the foreign medical graduate fails to begin employment with the VA facility within the required period, the waiver will be revoked. 

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