The Two-Year Home Country Residence Requirement
Certain participants in the J Exchange Visitor Program are subject to a regulation that stipulates that the Exchange Visitor must spend two years in his or her home country prior to changing to the H or L visa categories or to Permanent Resident and entering the United States again.
J Exchange Visitors are made subject to this requirement in one of three ways:
- The Exchange Visitor received program funding in whole or part from either the United States government or the home country government;
- The Exchange Visitor has skills which the home country says is in short supply;
- The Exchange Visitor received graduate medical training in the United States.
Most people can determine whether or not they are subject to this requirement based on Reasons #1 or 3 above; however, an individual might seek Immigration Law Associates, PC for advisement as to whether he/she is subject to the requirement based on Reason #2. Do not rely on what is typed on the visa page or marked on the DS-2019; those are merely preliminary determinations and are not binding.
A waiver of the Two Year Home Country Residence requirement may be possible if certain conditions can be met or proved. Applying for a waiver is a complicated, arduous process. It is strongly advised the Exchange Visitor seek professional assistance like those provided by our firm.