(1) Applications for the national interest waiver program must include but not be limited to the following:
(a)  Evidence of recruiting efforts over a minimum of three (3) months prior to when the petitioning physician applied for the vacancy. This evidence must include documentation that the health care facility has utilized broad recruitment efforts and was unsuccessful;
(b)  Evidence that the physician selected for the position visited the practice site;
(c)  A list of physicians who applied for the position and the reason they were not selected;
(d)  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 section 39-6105, Idaho Code. This includes but may not be limited to the Idaho taxpayer identification number, facility address, fax and telephone numbers, and staffing list;
(e)  A copy of an employment contract between the physician and the applicant;
(f)  Evidence that the employment site is in a federally determined area of underservice;
(g)  A copy of the physician’s license to practice medicine in the state of Idaho, or eligibility to apply for an Idaho license;
(h)  Legible copies of any DS 2019 forms and other United States immigration documentation attesting to the physician’s current legal status and history of stay in the United States;
(i)  The physician’s curriculum vitae; and
(j)  Payment of the department’s administrative application processing fee.
(2)  The state of Idaho may require any other documentation or information for the support and approval process in the waiver application on the part of the physician or the applicant.
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Terms Used In Idaho Code 39-6114A

  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • National interest waiver: means an exemption from the labor certification process administered by the United States department of labor for foreign physicians whose will to stay in the United States and work in an area of underservice in Idaho is determined to be in the public interest by the Idaho department of health and welfare. 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)  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.
(4)  These requirements are subject to change without notice.