The Departments of Health of each state may recommend up to 30 waivers per fiscal year (October 1 - September 30) to eligible physicians. In order to qualify for a favorable recommendation from a State Department of Health, your employer must demonstrate that your employment in the U.S. will substantially benefit medically underserved patients. The medical facility/site where you will work must be physically located in a place designated by the U.S. Department of Health and Human Services as a HPSA (Health Professional Shortage Area) or Medically Underserved Area (MUA).
Additionally, depending on the state, your employer must show:
- That the employer has a critical need for your services;
- That a U.S. physician could not be recruited to fill the position; and
- That the employer treats a substantial number of Medicaid-eligible, low income patients.
Of the 30 available waivers, up to 10 can be allotted to physicians who will not work at a facility located in a HPSA or MUA, as long as the facility treats patients who live in a HPSA or MUA.
If you are able to meet these criteria, the State Department of Health will act as an interested government agency on your behalf and recommend to the U.S. Department of State (DOS) that it is in the public interest to issue you a waiver of the two-year foreign residence requirement. Once the DOS issues an approval of your waiver application, the final step is to receive an approval from the United States Citizenship and Immigration Services.
