,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #fabc  ,,in ,,the ,,house ,,of  
,,representatives  ,june #ae1 #bjah,mr4 
,sensenbrenner 7for himself and ,mr4    
,grothman7 introduced the following     
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend the ,immigration and          
,nationality ,act to provide that an    
alien physician who is coming to the    
,united ,states to practice medicine in 
an area designated by the ,secretary of 
,health and ,human ,services as having a
 shortage of health care professionals  
is not required to pass the ,national   
,board of ,medical ,examiners           
,examination1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,physician ,visa ,reform ,act of
 #bjah4  #b4 ,alien physicians serving  
in areas that have a shortage of health 
care professionals  7a7 ,waiver of      
requirement that alien physicians pass  
board examination ,section              
#bab7;a77#e77;,b7 of the ,immigration   

and ,nationality ,act 7#h ,u4,s4,c4     
#aahb7;a77#e77;,b77 is amended by       
inserting after has passed parts ,i and 
,,ii of the ,national ,board of ,medical
 ,examiners ,examination 7or an         
equivalent examination as determined by 
the ,secretary of ,health and ,human    
,services7 the following3 or has been   
approved by a ,state physician licensing
 authority to practice medicine in an   
area designated by the ,secretary of    
,health and ,human ,services as having a
 shortage of health care professionals4 
7b7 ,adjustment of status ,the          
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja et seq47 is amended by  
inserting after section #baf;,a the     
following3  #baf;,b4 ,conditional       
permanent resident status for alien     
physicians serving in areas that have a 
shortage of health care professionals   
7a7 ,in general  7#a7 ,conditional basis
 for status ,notwithstanding any other  
provision of this ,act1 a covered alien 
physician1 an alien spouse1 and alien   

child1 shall be considered1 at the time 
of obtaining the status of an alien     
lawfully admitted for permanent         
residence1 to have obtained such status 
on a conditional basis subject to the   
provisions of this section4  7#b7       
,notice of requirements  7,a7 ,at time  
of obtaining permanent residence ,at the
 time an alien described in paragraph   
7#a7 obtains permanent resident status  
on a conditional basis under paragraph  
7#a71 the ,secretary of ,homeland       
,security shall provide for notice to   
such alien respecting the provisions of 
this section and the requirements of    
subsection 7c77#a7 to have the          
conditional basis of such status        
removed4  7,b7 ,at time of required     
petition ,in addition1 the ,secretary of
 ,homeland ,security shall attempt to   
provide notice to such an alien at or   
about the beginning of the #ij-;day     
period described in subsection          
7d77#b77;,a71 of the requirements of    
subsection 7c77#a74  7,c7 ,effect of    

failure to provide notice ,the failure  
of the ,secretary of ,homeland ,security
 to provide a notice under this         
paragraph shall not affect the          
enforcement of the provisions of this   
section with respect to such an alien4  
7b7 ,termination of status  7#a7 ,in    
general ,in the case of a covered alien 
physician with permanent resident status
 on a conditional basis under subsection
 7a71 if the ,secretary of ,homeland    
,security determines1 before the second 
anniversary of the alien's obtaining the
 status of lawful admission for         
permanent residence1 that the alien was 
not practicing medicine in an area      
described in subsection 7a77#a71 then   
the ,secretary of ,homeland ,security   
shall so notify the alien involved and1 
subject to paragraph 7#b71 shall        
terminate the permanent resident status 
of the alien 7and the alien spouse and  
alien child7 involved as of the date of 
the determination4  7#b7 ,hearing in    
removal proceeding ,any alien whose     

permanent resident status is terminated 
under paragraph 7#a7 may request a      
review of such determination in a       
proceeding to remove the alien4 ,in such
 proceeding1 the burden of proof shall  
be on the ,secretary of ,homeland       
,security to establish1 by a            
preponderance of the evidence1 that a   
condition described in paragraph 7#a7 is
 met4  7c7 ,requirements of timely      
petition and interview for removal of   
condition  7#a7 ,in general ,in order   
for the conditional basis established   
under subsection 7a7 for an alien       
described in paragraph 7#a7 of that     
subsection to be removed--  7,a7 the    
alien must submit to the ,secretary of  
,homeland ,security1 during the period  
described in subsection 7d77#b71 a      
petition which requests the removal of  
such conditional basis and which states1
 under penalty of perjury1 the facts and
 information described in subsection    
7d77#a72 and  7,b7 in accordance with   
subsection 7d77#c71 the alien must      

appear for a personal interview before  
an officer or employee of the           
,department of ,homeland ,security      
respecting the facts and information    
described in subsection 7d77#a74  7#b7  
,termination of permanent resident      
status for failure to file petition or  
have personal interview  7,a7 ,in       
general ,in the case of an alien with   
permanent resident status on a          
conditional basis under subsection 7a71 
if--  7i7 no petition is filed with     
respect to the alien in accordance with 
the provisions of paragraph 7#a77;,a72  
or  7ii7 unless there is good cause     
shown1 the alien fails to appear at the 
interview described in paragraph        
7#a77;,b7 7if required under subsection 
7d77#c771  the ,secretary of ,homeland  
,security shall terminate the permanent 
resident status of the alien 7and the   
alien's spouse and children if it was   
obtained on a conditional basis under   
this section or section #baf7 as of the 
second anniversary of the alien's lawful

 admission for permanent residence4     
7,b7 ,hearing in removal proceeding ,in 
any removal proceeding with respect to  
an alien whose permanent resident status
 is terminated under subparagraph 7,a71 
the burden of proof shall be on the     
alien to establish compliance with the  
conditions of paragraphs 7#a77;,a7 and  
7#a77;,b74  7#c7 ,determination after   
petition and interview  7,a7 ,in general
 ,if-- 7i7 a petition is filed in       
accordance with the provisions of       
paragraph 7#a77;,a72 and  7ii7 the alien
 appears at any interview described in  
paragraph 7#a77;,b71 the ,secretary of  
,homeland ,security shall make a        
determination1 within #ij days of the   
date of such filing or interview        
7whichever is later71 as to whether the 
facts and information described in      
subsection 7d77#a7 and alleged in the   
petition are true4  7,b7 ,removal of    
conditional basis if favorable          
determination ,if the ,secretary of     
,homeland ,security determines that such

 facts and information are true1 the    
,secretary of ,homeland ,security shall 
so notify the alien involved and shall  
remove the conditional basis of the     
alien's status effective as of the      
second anniversary of the alien's lawful
 admission for permanent residence4     
7,c7 ,termination if adverse            
determination ,if the ,secretary of     
,homeland ,security determines that such
 facts and information are not true1 the
 ,secretary of ,homeland ,security shall
 so notify the alien involved and1      
subject to subparagraph 7,d71 shall     
terminate the permanent resident status 
of the covered alien physician1 alien   
spouse1 or alien child as of the date of
 the determination4  7,d7 ,hearing in   
removal proceeding ,any alien whose     
permanent resident status is terminated 
under subparagraph 7,c7 may request a   
review of such determination in a       
proceeding to remove the alien4 ,in such
 proceeding1 the burden of proof shall  
be on the ,secretary of ,homeland       

,security to establish1 by a            
preponderance of the evidence1 that the 
facts and information described in      
subsection 7d77#a7 and alleged in the   
petition are not true4  7d7 ,details of 
petition and interview  7#a7 ,contents  
of petition ,each petition under        
subsection 7c77#a77;,a7 shall contain   
facts and information demonstrating that
 the alien--  7,a7 is practicing        
medicine in an area designated by the   
,secretary of ,health and ,human        
,services as having a shortage of health
 care professionals2 and  7,b7 has      
passed parts ,i and ,,ii of the         
,national ,board of ,medical ,examiners 
,examination 7or an equivalent          
examination as determined by the        
,secretary of ,health and ,human        
,services74  7#b7 ,period for filing    
petition  7,a7 ,in general ,except as   
provided in subparagraph 7,b71 the      
petition under subsection 7c77#a77;,a7  
may be filed-- 7i7 during the #ij-;day  
period before the second anniversary of 

the alien's lawful admission for        
permanent residence2 or  7ii7 if earlier
 than the beginning of the time period  
described in clause 7i71 after the date 
on which the alien passes parts ,i and  
,,ii of the ,national ,board of ,medical
 ,examination 7or an equivalent         
examination as determined by the        
,secretary of ,health and ,human        
,services74  7,b7 ,date petitions for   
good cause ,such a petition may be      
considered if filed after such date1 but
 only if the alien establishes to the   
satisfaction of the ,secretary of       
,homeland ,security good cause and      
extenuating circumstances for failure to
 file the petition during the period    
described in subparagraph 7,a74  7,c7   
,filing of petitions during removal ,in 
the case of an alien who is the subject 
of removal hearings as a result of      
failure to file a petition on a timely  
basis in accordance with subparagraph   
7,a71 the ,secretary of ,homeland       
,security may stay such removal         

proceedings against an alien pending the
 filing of the petition under           
subparagraph 7,b74  7#c7 ,personal      
interview ,the interview under          
subsection 7c77#a77;,b7 shall be        
conducted within #ij days after the date
 of submitting a petition under         
subsection 7c77#a77;,a7 and at a local  
office of the ,department of ,homeland  
,security1 designated by the ,secretary1
 which is convenient to the parties     
involved4 ,the ,secretary1 in the       
,secretary's discretion1 may waive the  
deadline for such an interview or the   
requirement for such an interview in    
such cases as may be appropriate4  7e7  
,treatment of period for purposes of    
naturalization4 ,for purposes of title  
,,iii1 in the case of an alien who is in
 the ,united ,states as a lawful        
permanent resident on a conditional     
basis under this section1 the alien     
shall be considered to have been        
admitted as an alien lawfully admitted  
for permanent residence and to be in the

 ,united ,states as an alien lawfully   
admitted to the ,united ,states for     
permanent residence4  7f7 ,removal of   
requirement ,to practice medicine in an 
area that has a shortage of health care 
professionals ,the requirement to       
practice medicine in an area designated 
by the ,secretary of ,health and ,human 
,services as having a shortage of health
 care professionals shall not apply to  
an alien after the date on which the    
conditional basis for permanent resident
 status is removed pursuant to          
subsection 7c77#a74  7g7 ,definitions   
,in this section3 7#a7 ,the term covered
 alien physician means an alien admitted
 to the ,united ,states under section   
#bjc7;b77#b7 during the #aj-year period 
beginning on the date of the enactment  
of this section to practice medicine who
 has not passed parts ,i and ,,ii of the
 ,national ,board of ,medical ,examiners
 ,examination 7or an equivalent         
examination as determined by the        
,secretary of ,health and ,human        

,services7 by reason of having been     
approved by a ,state physician licencing
 authority to practice medicine in an   
area designated by the ,secretary of    
,health and ,human ,services as having a
 shortage of health care professionals4 
7#b7 ,the term alien spouse and the term
 alien child mean an alien who obtains  
the status of an alien lawfully admitted
 for permanent residence 7whether on a  
conditional basis or otherwise7 by      
virtue of being the spouse or child1    
respectively1 of a covered alien        
physician4  4  7c7 ,conforming          
amendments ,the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4 #aaja et
 seq47 is amended-- 7#a7 in section     
#bjc7;b77#b77;,b77ii7 7#h ,u4,s4,c4     
#aaec7;b77#b77;,b77ii771 by striking    
subclauses 7,,ii71 7,,iii71 and 7,,iv72 
and  7#b7 in section #bab7;e7 7#h       
,u4,s4,c4 #aahb7;e771 by inserting      
perform services as a member of the     
medical profession or to before receive 
graduate medical education or training4