39-6106 GENERAL REQUIREMENTS AND LIMITATIONS.

39-6106. General requirements and limitations. (1) J-1 visa waiver or national interest waiver request. The department may only submit a waiver request when:

(a) The application contains all of the required information and documentation;

(b) The application meets all state and federal criteria;

(c) Foreign exchange physicians having a J-1 case number assigned by the United States department of state have paid all federal processing fees; and

(d) The applicant has paid the state of Idaho application processing fee.

(2) Limitations of department actions.

(a) Prior to submission of an application, the department may provide information to the applicant on preparing a complete application.

(b) The department will not be responsible for adding any information to incomplete application packets.

(c) For applicants who have benefited from department waiver requests previously, the applicant's history of compliance will be a consideration in future decisions for waiver requests.

(d) In any single program year, a health care facility will not be allotted more than five (5) J-1 visa waiver request applications per practice location.

(e) The shortage area designation must be current on the date the United States department of state reviews and recommends the application and on the date the immigration agency approves the J-1 visa waiver and national interest waiver. Any application that is being submitted to the department at the end of the three (3) year health professional shortage area designation cycle may be summarily denied if the renewal is not obtained.

(i) Participation by the department in the J-1 visa waiver program and in the national interest waiver program is completely discretionary and voluntary. The department may elect not to participate in the program at any time. The submission of a complete waiver application package does not ensure the department will recommend a waiver. The department reserves the right to recommend or decline any request for a waiver.

(ii) The department, its employees or agents are held harmless of any perceived consequence for the denial of a waiver petitioner or the approved placement of one that is not favorable.

(iii) Application procedures for J-1 visa waiver physician placements were developed by the department in compliance with P.L. 103-416 and subsequent revisions. The procedures for the issuance of national interest waiver recommendations were developed by the department in compliance with 8 CFR 214.12 and 8 CFR 245 and subsequent revisions. These procedures are subject to updates and changes at any time. Interpretation of these procedures rests solely with the department in consultation with the appropriate federal agencies.

History:

[39-6106, added 2004, ch. 128, sec. 1, p. 439; am. 2009, ch. 106, sec. 6, p. 327; am. 2017, ch. 72, sec. 3, p. 173; am. 2023, ch. 31, sec. 3, p. 151.]