TITLE II:IMMIGRANT VISAS

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§ 2402 : RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY UNDERSERVED COMMUNITIES


Section 201(b)(1)(8 U.S.C. 1151(b)(1)), as amended by sections 2103(c),2212(d)(2),2307(b), and 2323(b)is further amended by adding at the end the following:

O.

 i. Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including alien physicians who completed such service before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act and any spouses or children of such alien physicians.

ii.

Nothing in this subparagraph may be construed—

I.

to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a)or the filing of an application for adjustment of status under section 245by an alien physician described in this subparagraph prior to the date by which such alien physician has completed the service described in section 214(l)or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l)waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or

II.

to permit the Secretary of Homeland Security to grant such a petition or application until the alien has satisfied all the requirements of the waiver received under section 214(l).