39-6114. REQUIRED APPLICATION FORMS AND ACCOMPANYING DOCUMENTS FOR A J-1 VISA WAIVER REQUEST. (1) Applications for the J-1 visa waiver program must include, but not be limited to, the following:

(a) Evidence the applicant has no other mechanism through another process or interested government agency to apply for a J-1 visa waiver for the petitioning physician;

(b) Evidence of recruiting efforts over a minimum of six (6) months prior to when the physician applied for the vacancy; this must include regional and national electronic or print advertising stating the position available and the practice site location. Copies of advertisements submitted must show the publication date. Advertisements run at the time of or after preparation of the employment contract are unusable. Online advertisements must show dates the advertisements were online. Contracts with recruitment firms are allowable as evidence in lieu of electronic or print advertisements if the activities described in this section are provided under contract. Recruitment firm contracts must be included if applicable;

(c) Evidence that the petitioning physician selected for the position visited the practice site;

(d) A mailing list of physicians who applied for the position and the reason they were not selected;

(e) Evidence that the applicant has been providing medical or mental health care in Idaho for at least twelve (12) months or meets the requirements for a new start as defined in this chapter. This includes, but may not be limited to, the Idaho taxpayer identification number, facility address, fax and telephone numbers, and staffing list;

(f) A copy of an employment contract between the petitioning physician and the applicant for no less than three (3) years;

(g) Evidence that the employment site is in a designated area of underservice;

(h) The request must be submitted by the applicant or applicant’s representative. The letter must be written on the applicant’s letterhead stationery, which includes address, telephone and fax numbers, if any. Letters, contracts and forms must contain original signatures;

(i) A copy of the sliding fee scale which the health care facility must agree to implement and post;

(j) A copy of the petitioning physician’s license to practice medicine in the state of Idaho, or proof of the physician’s eligibility to apply for an Idaho license;

(k) Legible copies of all IAP-66/DS 2019 forms (certificate of eligibility for exchange visitor status), covering every period the physician was in J-1 status, submitted in chronological order;

(l) Legible copies (front and back) of all I-94 entry and departure cards for the physician and family members;

(m) The petitioning physician’s curriculum vitae;

(n) A statement of "no objection from the government" of the petitioning physician’s country of nationality, if applicable. The government of the country to which the petitioning physician is otherwise contractually obliged to return must furnish a letter to the director of the United States department of state with a statement in writing that there is no objection to such waiver in cases where the petitioning physician’s medical education or training is funded by the government of the petitioning physician’s home country. Whether or not there is foreign government funding can be determined from examining the physician’s IAP-66 form. This letter must be in English and follow the procedures and format outlined in federal register volume 60, number 197, published October 12, 1995 (or subsequent revisions);

(o) Payment of the department’s administrative application processing fee;

(p) Federal form G-28 or letterhead from the law office, if the physician is being represented by an attorney, with telephone and fax numbers, and a contact name and address;

(q) A copy of the United States department of state issued instruction sheet with case number.

(2) The state may require any other documentation or information for the support and approval process in the waiver application on the part of the petitioning physician or the applicant.

(3) These requirements are subject to change without notice.

(4) J-1 visa waiver program application forms and instructions are available and may be requested from the department.

(5) The petitioning physician’s case number must appear on each page. The case number is assigned by the United States department of state.

(6) All required information and documentation must be submitted in a single package with all documents presented per instructions that will be provided by the department upon request. One (1) single-sided, unbound original and one (1) single-sided, unbound copy must be included. Waiver requests that do not comply with these requirements and the instructions provided by the department will not be considered.

History:

[39-6114, added 2004, ch. 128, sec. 1, p. 444; am. 2009, ch. 106, sec. 16, p. 335; am. 2017, ch. 72, sec. 12, p. 180.]