USIA Guidance on Exchange Visitor Program regulations

United States Information Agency
Washington DC 20547-0001

June 28, 1999

Dr. Nancy E. Gary
Responsible Officer
Educational Commission for Foreign
Medical Graduates (P-3-4510)
3624 Market Street
Philadelphia, PA 19104-2685

Dear Dr. Gary,

The purpose of this letter is to provide the Educational Commission for Foreign Medical Graduates (ECFMG) administrative and regulatory guidance concerning 22 CFR 514.27(e)(3) of the Exchange Visitor Program regulations. This section states that, "Subject to the limitations set forth above, duration of participation may, for good cause shown, be extended beyond the period of actual training or education to include the time necessary to take an examination required for certification by a specialty board" [an examination required for certification by a member board of the American Board of Medical Specialties (ABMS)].

As the H-1B cap was reached prior to September 30, the Agency is granting ECFMG, for this purpose only, the authority to extend alien physicians (if necessary) beyond the seven year limit of the law and regulation, those alien physicians whose sole purpose for remaining in the United States is to sit for a specialty/subspecialty certification examination offered by a member board of the ABMS. ECFMG is authorized to sponsor alien physicians through the last day of the month in which the exam is administered, not to exceed six months.

Further, this guidance pertains only to the situation where a foreign medical graduate (who is continuing in J-status) has received a waiver of Section 212(e) of the Immigration and Nationality Act (INA) for an Interested Government Agency (IGA) or State 20 (Conrad) appointment; and who is awaiting adjudication by the Immigration and Naturalization Service of his/her H-1B visa application. An alien physician who is extended by ECFMG under this condition would not be authorized to work during this period. A statement to that effect must appear on the IAP-66 issued to cover the extension, as follows: There is no authorization to work or train while sponsored for the Board examination.

The Agency has determined that in order for ECFMG to extend these individuals, the exchange visitor must provide ECFMG with satisfactory evidence of the following: (1) verification of registration for the ABMS examination; (2) verification of personal funds to support the J-1 and any J-2 dependents; and (3) verification of health insurance which meets the Agency's regulatory requirement for the J-1 and any J-2 dependents (22 CFR 514.14) for the period of the extension.

In addition, ECFMG is required to submit to the Agency a list of all exchange visitors who have been extended for this purpose, identifying those individuals who have been extended beyond the seven year period. This list is to contain the following information: name of the alien physician, ECFMG number, duration of extension, date of extension, name and date of specialty board examination. This report should be submitted to the Agency by October 31, 1999.

Thank you for your cooperation and assistance in this matter. If you have any questions or require further clarification on this issue, please contact me at 202/401-9810.

Sincerely,
/s/
Sally J. Lawrence
Chief, Program Designation Branch
Exchange Visitor Program Services

cc: Mr. Bo Cooper, Acting General Counsel, Immigration and Naturalization Service