[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR50.3]



[Page 134-135]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 50_U.S. EXCHANGE VISITOR PROGRAM_REQUEST FOR WAIVER OF THE TWO-YEAR 

FOREIGN RESIDENCE REQUIREMENT--Table of Contents

 

Sec.  50.3  Policy.



    (a) Policy for waivers. The Department of Health and Human Services 

endorses the philosophy that Exchange Visitors are committed to return 

home for at least two years after completing their program. This 

requirement was imposed to prevent the Program from becoming a stepping 

stone to immigration and to ensure that Exchange Visitors make available 

to their home countries their new knowledge and skills obtained in the 

United States.



[[Page 135]]



The Department will request waivers for the delivery of health care 

service to carry out the Department's mission to increase access to care 

for the nation's most medically underserved individuals. However, in 

keeping with the philosophy of the Program, the Exchange Visitor Waiver 

Review Board may determine the appropriate numbers and geographic areas 

for waivers for the delivery of health care service.

    (b) Criteria for waivers. The Exchange Visitor Waiver Review Board 

carefully applies stringent and restrictive criteria to its 

consideration of requests that it support waivers for Exchange Visitors. 

Each application is evaluated individually based on the facts available.

    (c) Waiver for members of Exchange Visitor's family. Where a 

decision is made to request a waiver for an Exchange Visitor, a waiver 

will also be requested for the spouse and children, if any, if they have 

J-2 visa status. When both members of a married couple are Exchange 

Visitors in their own right (i.e., each has J-1 visa status), separate 

applications must be submitted for each of them.



[67 FR 77696, Dec. 19, 2002]