What does Preamble of S 709 do?

This bill, formally titled 'To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes,' aims to incentivize physicians to practice in rural and medically underserved communities. The bill was introduced in the Senate on February 25, 2025.

What does SHORT TITLE. of S 709 do?

This bill is formally titled the Conrad State 30 and Physician Access Reauthorization Act.

What does CONRAD STATE 30 PROGRAM. of S 709 do?

This section amends Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994. The amendment changes the expiration date from September 30, 2015, to a date three years after the enactment of the Conrad State 30 and Physician Access Reauthorization Act. The amendment is to take effect as if enacted on September 30, 2018.

What does RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY of S 709 do?

This section amends Section 201(b)(1) of the Immigration and Nationality Act. It adds a new subparagraph (F) to address alien physicians who have completed service requirements for a waiver under section 203(b)(2)(B)(ii). This includes physicians who completed service before the enactment of the Conrad State 30 and Physician Access Act, as well as their spouses and children. The amendment clarifies that filing petitions or applications for classification or adjustment of status is not prevented before completion of service or five years of full-time work in a designated shortage area. It also specifies that the Secretary of Homeland Security cannot grant petitions or applications until all waiver requirements under section 214(l) are satisfied.

What does EMPLOYMENT PROTECTIONS FOR PHYSICIANS. of S 709 do?

This section amends the Immigration and Nationality Act to modify the foreign residency requirement for physicians. It changes the authority for waiver decisions from the Attorney General to the Secretary of Homeland Security and modifies the roles of the Secretary of State and the United States Information Agency. The requirements for physicians seeking waivers are clarified, including demonstrating a bona fide offer of employment in a medically underserved area and agreeing to work for a minimum of three years. Physicians maintaining nonimmigrant status may have their status changed to any employment-authorized status upon request from a Federal or State agency. The section establishes requirements for employment agreements, including specifying on-call hours, malpractice insurance, work locations, and prohibiting non-compete clauses. It provides for the extension of nonimmigrant status for physicians seeking waivers in states that have reached their waiver limit. The section addresses situations where physicians terminate employment during the required three-year service period, outlining conditions for maintaining lawful status and potential recapture of waiver slots. It allows for exceptions to the three-year work requirement based on extenuating circumstances, such as employer violations, and subsequent offers of employment in underserved areas.

What does ALLOTMENT OF CONRAD 30 WAIVERS. of S 709 do?

This section amends Section 214(l) of the Immigration and Nationality Act to establish a system for allotting Conrad 30 waivers. States may be allotted a total of 35 waivers if 90% of available waivers were used in the previous fiscal year, with potential for additional increases of 5 waivers per year if usage remains high. If a state is allotted 45 or more waivers, the increase to 5 waivers the following year requires 95% waiver usage in the prior year. Allotment increases are maintained indefinitely unless waiver grants decrease by 5% or more from the previous year, triggering a reduction of 5 waivers for all states. Further decreases of 5% in waiver grants result in additional 5-waiver reductions, but allotments cannot fall below 30 waivers. Section 214(l)(1)(D) is amended to allow state agencies to approve waivers for alien physicians practicing at or on the faculty of academic medical centers, regardless of healthcare professional shortages. To qualify, the state agency head must determine the alien physician’s work is in the public interest and the waiver would not exceed a limit of 3 waivers for the state.

What does AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS of S 709 do?

This section amends the Immigration and Nationality Act to allow physicians seeking graduate medical training to qualify for visas with dual intent. It clarifies requirements for physician national interest waivers, including specifying work locations in shortage areas and adjusting the five-year service requirement. The five-year service requirement for national interest waivers will begin when the physician starts work in a shortage area, not when the visa petition is filed or approved. Physicians are not required to submit employment contracts exceeding the remaining service commitment or contracts within a specific timeframe before filing a visa petition. Physicians are not required to file additional immigrant visa petitions upon changing work locations from the originally approved location. It clarifies that foreign medical degrees accepted by accredited U.S. residency programs qualify as advanced degrees. Physicians completing graduate medical education may have their nonimmigrant status automatically extended until October 1 if a continuation petition is filed on time. Physicians are authorized to be employed incident to status between petition filing and October 1. Spouses and children of J-1 exchange visitors are exempt from certain requirements under section 212(e) of the Immigration and Nationality Act.

What does ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL of S 709 do?

This section mandates an annual report to Congress and the Department of Health and Human Services. The report must identify the number of aliens admitted under the Conrad State 30 J-1 Visa Waiver Program. The data must be disaggregated by State.

Back to bills

Conrad State 30 and Physician Access Reauthorization Act — S. 709

Last updated: 2/25/2025 · Introduced: 2/25/2025

Author: Amy Klobuchar (D-MN)

TL;DR (AI)

This bill reauthorizes and modifies the Conrad State 30 program, extending its expiration date to three years after enactment and retroactively applying the change to 2018.
The bill allows physicians who have already completed service requirements for a Conrad 30 waiver to seek adjustment of status, clarifying that filing petitions before completing service does not disqualify them.
It modifies the foreign residency requirement for physicians seeking waivers, transferring authority for waiver decisions to the Secretary of Homeland Security and establishing employment protections like prohibiting non-compete clauses.
The bill adjusts the allotment of Conrad 30 waivers to states, increasing allotments based on prior year usage and establishing a system for potential reductions if usage declines.
It expands eligibility for Conrad 30 waivers to include physicians practicing at or on the faculty of academic medical centers and clarifies visa requirements for physicians pursuing graduate medical training, including allowing dual intent visas.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 6 more.

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