Illinois Department of Public Health, J-1 Visa Waiver Application
September 2022 Version Page 2
STATE OF ILLINOIS
ILLINOIS DEPARTMENT OF PUBLIC HEALTH
J-1 VISA WAIVER PROGRAM
Under the requirements of the Illinois Freedom of Information Act [5 ILCS 140], all
information submitted in support of the J-1 Visa Waiver application, including the
employment contract, becomes public record and may be released to the public unless
otherwise indicated. Those sections of the application that are confidential or contain
proprietary information must be stamped as confidential and include the basis for the
confidential claim, in order to protect the record. However, a court may conclude that
any records submitted in this process should be disclosed upon request.
Overview
Below is the Illinois Department of Public Health’s (IDPH) application process for the J-1 Visa
Waiver Program. The IDPH’s policies are also at 77 Ill. Adm. Code 591
(http://www.ilga.gov/commission/jcar/admincode/077/07700591sections.html).
Amended Sections for Visa Waiver Program for International Medical Graduates (77 Ill. Adm.
Code 591), contained in emergency rules that were effective September 19, 2022, are
applicable to the October 2022 application cycle and subsequent implementation in addition to
the Title 77, Part 591 Sections that were not amended.
Purpose, Authority, and Scope
The Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103-416) amended the
provision of the Immigration and Nationality Act (Act) on the two-year foreign residence
requirement affecting applicants. These applicants were admitted to the U.S. on a J visa, or
acquired such status after admission to the U.S., and must return to the country of their
nationality or country of last legal residence upon the completion of their participation in an
exchange visitor program.
The U.S. Department of Homeland Security, Citizenship, and Immigration Service (USCIS) may
waive the two-year home country requirement upon the recommendation of the U.S.
Department of State, Waiver Review Division (USDOS). The Act authorizes IDPH to request the
USDOS to recommend that USCIS grant the waiver.
The applicant must demonstrate that he/she has an offer of full-time employment, will begin
employment within 90 days of receiving a waiver, and will work for at least three years at a
medical facility in an area designated by the U.S. Department of Health and Human Services as
having a shortage of health care professionals.
A waiver will not be granted unless the country to which the applicant is contractually obligated
to return furnishes USDOS with a written statement that it has no objection to the waiver. State
departments of health can request applicants sign a certification statement indicating presence
or absence of a contractual obligation to their home country or country of last legal residence.