1 Last Updates 6/8/26 44:63:01:01. Definitions. Terms used in this article mean:
(1) "Application," a complete set of materials, as determined by the department per chapter
44:63:02, submitted by an employing facility on behalf of a J-1 physician seeking waiver of the
physician's J-1 visa requirement to return to the physician's home country for a minimum of two
years upon expiration of the visa;
(2) "Department," the Department of Health;
(3) "Employing facility," a facility located in or serving residents of a shortage area in South
Dakota as determined by the department that has made a bona fide employment offer to a J-1
physician, that has submitted a J-1 visa waiver request in the form of an application to the
department, and that is incorporated under the laws of the State of South Dakota;
(4) "Full time," an average of 40 hours of medical practice per week, meaning a four-week
minimum of 128 hours seeing patients on an ambulatory or in-patient basis and 32 hours
administrative work in support of patient care. For shift workers, full-time is an average of 40 hours
or 160 hours per 4-week period of medical practice, meaning 128 hours seeing patients on an
ambulatory or in-patient basis and 32 hours of administrative work in support of patient care;
(5) "USCIS," U.S. Citizenship and Immigration Services, U.S. Department of Homeland
Security;
(6) "J-1 physician," a physician who is in possession of a temporary exchange visitor (J-1)
visa to pursue graduate medical education in the United States, or possessed J-1 status and remains
subject to the two-year home residence requirement, and is seeking a waiver of a J-1 visa home
country residency requirement through the practice of medicine to shortage area residents;
(7) "Secretary," secretary of the Department of Health;
(8) "Shortage area," a geographic area, population group, or facility in South Dakota that is
designated by the federal government as a medically underserved area or health professional
2 Last Updates 6/8/26 shortage area. The designation must be in effect at the time an application is received by the
department;
(9) "Urban location," any municipality having a population of 50,000 or more persons as well
as any area within ten miles of the boundaries of the municipality.
Source: 28 SDR 47, effective October 4, 2001; 31 SDR 214, effective July 4, 2005; 37 SDR
235, effective June 27, 2011; 45 SDR 45, effective October 8, 2018.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
3 Last Updates 6/8/26 44:63:02:01. Case number. The assigned U.S. Department of State case number shall appear
in the upper bottom right-hand corner of each document submitted as part of an application.
Source: 28 SDR 47, effective October 4, 2001.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
4 Last Updates 6/8/26 44:63:02:02. Order of documents submitted. Each application shall consist of documents
submitted in the following order:
(1) Data sheet DS-3035;
(2) Employment contract;
(3) J-1 waiver affidavit;
(4) Federal forms (IAP-66//DS2019);
(5) Letter from facility;
(6) Evidence of shortage designation status;
(7) J-1 physician statement;
(8) J-1 physician curriculum vitae;
(9) Out of status explanation, when applicable;
(10) Form G28, when applicable;
(11) I-94 entry and departure cards;
(12) Contractual obligation to home country;
(13) Appendix 1 Information required from facility;
(14) Appendix 2 Examinations required by USCIS;
(15) Appendix 3 Eligibility to be licensed to practice; and
(16) Appendix 4 Medical licensure.
(1) Letter from facility;
(2) Evidence of shortage designation status;
(3) Employment contract;
(4) Federal forms (IAP-66/DS2019);
(5) I-94 entry and departure cards;
(6) J-1 physician curriculum vitae;
(7) Visitor exchange;
5 Last Updates 6/8/26 (8) Form G28, when applicable;
(9) Data sheet DS-3035 and supplementary applicant information pages;
(10) Statement of reason;
(11) Third party barcode page;
(12) Waiver division barcode page;
(13) J-1 waiver affidavit;
(14) J-1 physician statement;
(15) Out of status explanation, when applicable;
(16) Contractual obligation to home country;
(17) Appendix 1 Information required from facility;
(18) Appendix 2 Examinations required by USCIS;
(19) Appendix 3 Eligibility to be licensed to practice; and
(20) Appendix 4 Medical licensure.
Source: 28 SDR 47, effective October 4, 2001; 31 SDR 214, effective July 4, 2005; 37 SDR
235, effective June 27, 2011; 45 SDR 45, effective October 8, 2018.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
6 Last Updates 6/8/26 44:63:03:01. Acceptance of applications. Only applications Applications consisting of the
unbound original from the employing facility and applications submitted electronically from the
employing facility shall be considered for review.
Source: 28 SDR 47, effective October 4, 2001; 37 SDR 235, effective June 27, 2011; 45 SDR
45, effective October 8, 2018.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.
7 Last Updates 6/8/26 44:63:05:01. Amount of fee. Each application shall be accompanied by a nonrefundable fee
of $200 payable to the department. The department shall return all applications not accompanied by
the required fee. The application fee is due within ten business days of the department receiving the
electronic application. If the fee is not received, the application will be returned.
Source: 28 SDR 47, effective October 4, 2001.
General Authority: SDCL 36-2-22.
Law Implemented: SDCL 36-2-21, 36-2-22.