(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 three (3) months prior to when the physician applied for the vacancy; this must include documentation that the health care facility has utilized broad recruitment efforts and was unsuccessful;
(c)  Evidence that the petitioning physician selected for the position visited the practice site;
(d)  A 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)  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;
(i)  Legible copies of all DS 2019 forms (certificate of eligibility for exchange visitor status), covering every period the physician was in J-1 status, submitted in chronological order;
(j)  Legible copies (front and back) of all I-94 entry and departure cards for the physician and family members;
(k)  The petitioning physician’s curriculum vitae;
(l)  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 DS 2019 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);
(m)  Payment of the department’s administrative application processing fee;
(n)  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; and
(o)  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.
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Terms Used In Idaho Code 39-6114

  • Applicant: means a health care facility that seeks to employ a physician and is requesting state support of a J-1 visa waiver or national interest waiver. See Idaho Code 39-6105
  • Area of underservice: means a health professional shortage area in primary care or mental health, a medically underserved area, or a medically underserved population federally designated by the secretary of health and human services. See Idaho Code 39-6105
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-6105
  • Health care facility: means an entity with an active Idaho taxpayer identification number doing business or proposing to do business in the practice location where the physician would be employed, whose stated purposes include the delivery of primary medical or mental health care. See Idaho Code 39-6105
  • Interested government agency: means an agency that has the authority from the United States department of state to submit requests for J-1 visa waivers of foreign physician petitioners on behalf of public interest. See Idaho Code 39-6105
  • New start: means a health care facility, as defined in subsection (8) of this section, that has been in existence for twelve (12) months or less. See Idaho Code 39-6105
  • Petitioning physician: means the foreign physician, named in the J-1 visa waiver or national interest waiver application, who requires a waiver to remain in the United States to practice medicine. See Idaho Code 39-6105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Vacancy: means a full-time physician practice opportunity in the delivery of health care services. See Idaho Code 39-6105
(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.
(7)  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.