New York "State 30" Program Information Bulletin

The State of New York is committed to improving access to health care for all New Yorkers. To achieve this goal, the New York State Department of Health (the Department) has implemented the New York State 30 (or Conrad 30 program), a federal program, which waives the two-year home residence requirement for physicians on J-1 visas who either agree to practice in federally designated underserved areas or to provide services to persons who live in such areas. Consistent with federal statute, up to 30 waivers may be granted each year, with a maximum of ten of those granted in the latter category.

Eligibility

To be eligible for a New York "State 30" waiver, a physician must:

  • Agree to practice medicine, or serve populations residing, in federally designated underserved areas in New York State, defined as health professional shortage areas (HPSAs) or medically underserved areas or populations (MUA/Ps).
  • Document that the sponsoring employer and/or applicant physician will serve in a HPSA or MUA/P or serve populations residing in such areas (see "Required Application Materials" section).
  • Agree to begin employment with the sponsoring health organization within 90 days of receiving a waiver.
  • Agree to practice as specified above on a full-time basis for a minimum of three years.
  • Be unable to secure a waiver from another sponsoring agency (e.g., the Appalachian Regional Commission, the U.S. Department of Health and Human Services or the U.S. Department of Veterans' Affairs).
  • Not be "out of status" (as defined by the United States Citizenship and Immigration Services of the United States Department of Homeland Security) for more than six months since receiving a visa under 8 USC 1182 (j) of the Immigration and Naturalization Act, as amended.
  • Qualify for a license to practice medicine in New York.
  • Submit a complete application and attach all materials listed in the Required Application Materials section.
  • Document service to Medicaid and underserved populations.

Placement/Practice Obligation

A physician who receives a waiver of the J-1 home residence requirement under the New York "State 30" program will be placed in H-1B visa status and must practice medicine on a full-time basis (defined as 40 hours of patient care per week, 48 weeks per year) for a minimum of three years at the proposed practice site. The sponsoring employer will support the applicant's effort to obtain H-1B status and will sign all forms required by federal agencies. The Department will routinely monitor the physician's employment status to ensure compliance with the practice requirement.

A physician who is granted a visa waiver and who encounters a practice failure due to extenuating circumstances may, with the approval of the Department and the federal government, continue the service obligation at another approved location. A transfer request must be submitted to the Department documenting the need for the transfer.

Description of the Waiver Review Process

The Department reviews all applications competitively and makes final determinations to recommend waivers based on the eligibility requirements specified above. Applicants will be notified of the Department's decision regarding their specific waiver requests. A maximum of thirty (30) waiver applications will be selected each year. If selected, the application will be forwarded to the United States Department of State (DOS), Waiver Review Division for appropriate action.

The Department reserves the right to reject any or all applications, waive or modify minor irregularities in applications, and negotiate with applicants to serve the best interests of the Department. Applicants should submit only the required information and exclude extraneous documents (e.g., annual/financial reports, Regents Shortage Area Bulletins.)

Required Application Materials and Submission Instructions

The chart that follows defines the required application materials and the order in which a State 30 application is to be organized and submitted. Applications should be complete and organized as prescribed.

All applications (an original and one copy, with appendix dividers) must be postmarked on or before December 8, 2023,and mailed to:

  • New York State Department of Health
    New York "State 30" Program
    Corning Tower - Room 1695
    Empire State Plaza
    Albany, NY 12237
    (518) 473-4700
Required Document Required Document Description
Application Cover Sheet All required information must be completed as accurately as possible. Vague, missing or inaccurate information could negatively affect the applicant's chance for a waiver recommendation.
Appendix 1 An executed employment contract (letters offering employment are not acceptable) between the physician and the health care organization with original signatures which specifies: the name and the complete address of the physician and the health care organization; the term of the contract; the physician's medical specialty; the name and complete address of the practice site; the salary; and the specific geographic area within New York State in which the physician will practice medicine. (The contract should not contain any termination without cause or non-compete clauses.) The contract must also include statements to the effect that:
  • the physician will treat all patients regardless of the ability to pay;
  • the physician will abide by Section 214(l) of the Immigration and Nationality Act
  • the physician will practice on a full-time basis providing patient care for a minimum of 40 hours per week for at least 48 weeks per year in, or serve populations residing in, HPSAs or MUA/Ps; Act, as amended;
  • the term of the contract shall be for a minimum period of three years from the effective date of the H-1B visa; and
  • the physician agrees to start employment within 90 days of receiving the waiver from the United States Citizenship and Immigration Services
Appendix 2 A J-1 Visa Waiver Recommendation Application (DS 3035).
Appendix 3 Legible copies of all DS-2019 Certificates of Eligibility for Exchange Visitor (J-1) Status (formerly the IAP-66) forms.
Appendix 4 Documentation that the proposed practice site identified in the employment contract is in an area designated by the federal government as either a HPSA or MUA/Ps,or serves populations in such areas.
Appendix 5 Documentation of the physician's qualifications and curriculum vitae.
Appendix 6 A separate statement by the physician that he/she agrees to meet the requirements set forth in section 214(l) of the Immigration and Nationality Act, as amended.
Appendix 7 A letter from the Chief Executive Officer or Chief Medical Officer of the health care organization requesting a J-1 visa waiver on behalf of the applicant physician. The letter should explain in detail why the physician is needed to fill the position. The letter must indicate that the physician will practice medicine on a full-time basis for a minimum of 40 hours per week, for at least 48 weeks per year, for no less than three years in a federally designated underserved area or serve populations residing in a federally designated underserved area. In addition, the health care organization must agree to verify the physician's employment during the term of the service obligation.
Appendix 8 Notice of Appearance by attorney or representative – G-28 Form (optional.)