118 STAT. 2630 PUBLIC LAW 108–441—DEC. 3, 2004

Public Law 108–441

108th Congress

An Act

To improve access to physicians in medically underserved areas.

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) 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

8 USC 1182 note.

Dec. 3, 2004

[S. 2302]

PUBLIC LAW 108–441—DEC. 3, 2004 118 STAT. 2631

LEGISLATIVE HISTORY—S. 2302:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 11, considered and passed Senate.

Nov. 17, considered and passed House.

Æ

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.