[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: 45CFR50.4]



[Page 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.  50.4  Waivers for research.



    In determining whether to request a waiver for an Exchange Visitor 

engaged in the conduct of research, the Board considers the following 

key factors:

    (a) The program or activity at the applicant institution or 

organization in which the Exchange Visitor is employed must be of high 

priority and of national or international significance in an area of 

interest to the Department.

    (b) The Exchange Visitor must be needed as an integral part of the 

program or activity, or of an essential component thereof, so that loss 

of his/her services would necessitate discontinuance of the program, or 

a major phase of it. Specific evidence must be provided on how the loss 

or unavailability of the individual's services would adversely affect 

the initiation, continuance, completion, or success of the program or 

activity. The applicant organization/institution must clearly 

demonstrate that a suitable replacement for the Exchange Visitor cannot 

be found through recruitment or any other means. The Board will not 

request a waiver when the principal problem appears to be one of 

administrative, budgetary, or program inconvenience to the institution 

or other employer.

    (c) The Exchange Visitor must possess outstanding qualifications, 

training and experience well beyond the usually expected accomplishments 

at the graduate, postgraduate, and residency levels, and must clearly 

demonstrate the capability to make original and significant 

contributions to the program. The Board will not request a waiver simply 

because an individual has specialized training or experience or is 

occupying a senior staff position in a university, hospital, or other 

institution.



[67 FR 77696, Dec. 19, 2002]