[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 2630

Public Law 108-441
108th Congress

An Act


 
To improve access to physicians in medically underserved
areas. NOTE: Dec. 3, 2004 -  [S. 2302]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MODIFICATION OF VISA REQUIREMENTS WITH RESPECT TO
INTERNATIONAL MEDICAL GRADUATES.

(a) Extension of Deadline.--
(1) In general.--Section 220(c) of the Immigration and
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182
note) (as amended by section 11018 of Public Law 107-273) is
amended by striking ``2004.'' and inserting ``2006.''.
(2) NOTE: 8 USC 1182 note. Effective date.--The
amendment made by paragraph (1) shall take effect as if enacted
on May 31, 2004.

(b) Exemption From H-1B Numerical Limitations.--Section 214(l)(2)(A)
of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is
amended by adding at the end the following: ``The numerical limitations
contained in subsection (g)(1)(A) shall not apply to any alien whose
status is changed under the preceding sentence, if the alien obtained a
waiver of the 2-year foreign residence requirement upon a request by an
interested Federal agency or an interested State agency.''.
(c) Limitation on Medical Practice Areas.--Section 214(l)(1)(D) of
the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(D)) is amended
by striking ``agrees to practice medicine'' and inserting ``agrees to
practice primary care or specialty medicine''.
(d) Exemptions.--Section 214(l)(1)(D) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)(1)(D)) is further amended--
(1) by striking ``except that,'' and all that follows and
inserting ``except that--''; and
(2) by adding at the end the following:
``(i) in the case of a request by the Department of
Veterans Affairs, the alien shall not be required to
practice medicine in a geographic area designated by the
Secretary;
``(ii) in the case of a request by an interested
State agency, the head of such State agency determines
that the alien is to practice medicine under such
agreement in a facility that serves patients who reside
in one or more geographic areas so designated by the
Secretary of Health and Human Services (without regard
to whether such facility is located within such a
designated geographic area), and the grant of such
waiver would not cause the number of the waivers granted
on behalf of aliens for such State for a fiscal year
(within the limitation in

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118 STAT. 2631

subparagraph (B)) in accordance with the conditions of
this clause to exceed 5; and
``(iii) in the case of a request by an interested
Federal agency or by an interested State agency for a
waiver for an alien who agrees to practice specialty
medicine in a facility located in a geographic area so
designated by the Secretary of Health and Human
Services, the request shall demonstrate, based on
criteria established by such agency, that there is a
shortage of health care professionals able to provide
services in the appropriate medical specialty to the
patients who will be served by the alien.''.

Approved December 3, 2004.

LEGISLATIVE HISTORY--S. 2302:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 11, considered and passed Senate.
Nov. 17, considered and passed House.