NAC439A.730. Contract between employer and J-1 visa physician: Requirements; transfer to different employer; liquidated damages.

     1. In addition to the requirements of subsection 2 of NRS 439A.175, the contract entered into by the employer and the J-1 visa physician must:

     (a) Except as otherwise provided in subsection 2, require the J-1 visa physician to begin work within 90 days after receipt of the J-1 visa waiver.

     (b) Except as otherwise provided in subsection 2, be for a term of at least 3 years.

     (c) Provide that the J-1 visa physician will work a minimum of 40 hours each week at the location identified on the petition submitted by the J-1 visa physician to the Waiver Review Division of the United States Department of State.

     (d) Specify the wage that the J-1 visa physician will earn. The wage must not be less than the prevailing wage determined by the Office of Foreign Labor Certification of the United States Department of Labor, which may be found on the Internet website maintained by the Foreign Labor Certification Data Center at http://www.flcdatacenter.com.

     (e) Contain the signatures of the employer and the J-1 visa physician and the date on which the contract was signed by each person.

     (f) Identify the conditions for termination of the contract, which must not include a provision authorizing termination without cause.

     2. If a J-1 visa physician is transferred to a different employer pursuant to NAC 439A.750, the contract entered into by the employer to which the J-1 visa physician is transferred and the J-1 visa physician must comply with paragraphs (c) to (f), inclusive, of subsection 1 and:

     (a) Require the J-1 visa physician to begin work within 90 days after receiving notice that the transfer was granted; and

     (b) Be for a term equal to the time remaining on the previous contract.

     3. A contract entered into by an employer and a J-1 visa physician may contain a clause for liquidated damages. If a contract entered into by an employer and a J-1 visa physician contains a clause for liquidated damages, the employer may not receive liquidated damages if the contract is terminated by the J-1 visa physician before the end of the contract because the employer has violated a provision of the contract, NRS 439A.130 to 439A.185, inclusive, or NAC 439A.700 to 439A.755, inclusive.

     (Added to NAC by Bd. of Health by R138-10, eff. 5-5-2011)