SEVIS Termination and Sponsor Rules

General Information

All Intealth-sponsored physicians are required to maintain J-1 status while in the United States. To maintain J-1 status, physicians must be engaged in full-time programs of graduate medical education and compliant with all federal regulations, U.S. laws, and Intealth rules for sponsorship program participation.*

If a physician is not compliant with regulations, laws, or sponsor rules, and/or is terminated (or resigns in lieu of termination) from a training program due to a disciplinary action** or other significant issue related to professionalism, medical knowledge, and/or patient care, the individual may not be eligible for future sponsorship and, in certain instances, may also be subject to termination in Student and Exchange Visitor Information Systems (SEVIS). In cases of SEVIS Termination, the “30-day grace period” typically afforded to J visa holders does not apply. Days of unlawful presence will begin when the SEVIS record is terminated.

Consequences of DS-2019/SEVIS Termination

1. Not eligible for future Intealth sponsorship.
2. Delayed departure after termination of a SEVIS record may impact an individual’s ability to secure a U.S. visa and/or qualify for future reentry into the United States.
3. If an individual’s SEVIS record is terminated and the individual remains in the United States, s/he will likely accrue unlawful presence. This can have serious repercussions and may result in the individual being barred from the United States for many years, or even permanently.

*See the EVSP Reference Guide, Required Orientation Modules, and the U.S. Code of Federal Regulations, Section 22 CFR Part 62 for additional information.

Sponsorship Decisions

The decision of J-1 visa sponsorship eligibility rests solely and exclusively with Intealth. Intealth’s decision-making authority, including the decision to terminate sponsorship, is ongoing. There may be requirements under the federal regulations that prohibit Intealth from providing J-1 sponsorship to an applicant. Intealth reserves the right to deny the application or reapplication for J-1 visa sponsorship of any prospective, current or returning applicant or terminate sponsorship for any reason, including but not limited to: the withholding of pertinent information from Intealth related to an application or participation in a U.S. program of graduate medical education (GME); the submission of false information or documents to Intealth by an applicant or current J-1 physician or by a third party on behalf of an applicant or current J-1 physician; or any other action that could or would subvert or attempt to subvert any of Intealth’s policies or procedures. In addition, Intealth might deny an applicant’s request for or otherwise terminate J-1 visa sponsorship if certain documentation is not available or does not meet application or regulatory standards; the applicant has previously resigned or been dismissed from a program of GME after a finding of a deficit in one or more of the ACGME-identified core competencies (e.g., patient care and procedural skills, medical knowledge, practice-based learning and improvement, professionalism, interpersonal and communication skills, etc.); or there is a significant incident or allegation concerning the applicant. Denial decisions are within Intealth’s sole discretion.

By submitting an application to EVSP, an applicant certifies that it is true, correct, and complete. Also, by submitting an application to EVSP, an applicant gives permission for Intealth to obtain additional information from others pertinent to the application.

**Disciplinary Actions

Per ACGME’s Institutional Requirements , ACGME-accredited Sponsoring Institutions are required to:

• Have a policy that requires each of its ACGME-accredited programs to determine the criteria for promotion and/or renewal of a resident’s/fellow’s appointment.
• Ensure that each of its programs provides a resident/fellow with a written notice of intent when that resident’s/fellow’s agreement will not be renewed, when that resident/fellow will not be promoted to the next level of training, or when that resident/fellow will be dismissed.
• Have a policy that provides residents/fellows with due process relating to the following actions regardless of when the action is taken during the appointment period: suspension, non-renewal, non-promotion, or dismissal.
• Have a policy that outlines the procedures for submitting and processing resident/fellow grievances at the program and institutional levels and that minimizes conflicts of interest.

Disciplinary actions by a host institution/training program are expected to follow all ACGME requirements for Sponsoring Institutions. Intealth defers discretion for disciplinary actions related to the training program and/or trainee performance to the host institution. Intealth does not intervene in institutional contractual issues. As with termination from a training program, J-1 physicians who resign in lieu of termination may not be eligible for future sponsorship.