Waiver of the Two-Year Home Country Physical Presence Requirement for Certain Foreign Medical Graduates

Status: In force. The effective date has passed and nothing here records a change to that.

From the published effective date. Nothing here records a court changing it.

• Document number: 95-12272
• Type: Final Rule
• Published: May 18, 1995
• Effective: May 18, 1995
• Comments close: July 17, 1995
• Agency: Justice Department; Immigration and Naturalization Service

Official abstract

This rule amends the Immigration and Naturalization Service (Service) regulations by allowing certain foreign medical graduates who entered the United States in J-1 status, or who acquired J-1 status after arrival in the United States, to obtain a waiver of the 2-year home country residence and physical presence requirement under section 212(e)(iii) of the Immigration and Nationality Act (Act) pursuant to a request by a State Department of Public Health, or its equivalent. The waiver is intended to permit these foreign medical graduates to work at a health care facility in an area designated by the Secretary, Health and Human Services (HHS), as having a shortage of health care professionals (``HHS-designated shortage area''). This interim rule also contains provisions which will permit these foreign medical graduates to change their nonimmigrant status in the United States from J-1 exchange visitor to H-1B specialty occupation worker.

Primary source

Read the full text on the Federal Register

This page is a structured index entry, not a substitute for reading the rule. This is not legal advice.

Follow NoticeWatch: Bluesky · Threads · YouTube · Instagram · Facebook

Data updated October 2, 2026