Two Year Home Country Physical Presence Requirement
The two-year home country physical presence requirement affects some J-1 Exchange Visitors and their J-2 dependents.
Intent of the Requirement
The intent of the requirement is to have the home country benefit from your experience in the United States. As an Exchange Visitor, you come to this country for a specific objective such as a program of study or a research project. If you are subject, the requirement is intended to prevent you from staying longer than necessary for the objective and to ensure that you will spend at least two years in your home country, sharing your experience with your fellow citizens, before coming back to the United States for a long-term stay.
Terms of the Requirement
You are subject to the Requirement if...
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your J-1 participation is or was funded in whole or in part, directly or indirectly, for the purpose of exchange, by your home government, the US government, or an international organization;
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as a J-1 Exchange Visitor, you are acquiring a skill that is in short supply in your home country, according to the United States government's "Exchange Visitor Skills List;"
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you have participated as a J-1 in a graduate medical education or training program, i.e. a residency, internship, or fellowship, sponsored by the Educational Commission for Foreign Medical Graduates;
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you are the J-2 dependent of an Exchange Visitor who is subject to the requirement; or
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you have ever been subject to the requirement in the past, and have neither obtained a waiver nor fulfilled it by spending two years in your home country or country of last legal permanent residence.
If you are subject to the requirement, then, until you have received a waiver of the requirement or have "resided and been physically present" for a total of two years in your country of last legal permanent residence, you are not eligible to:
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Change your status from within the United States to any other nonimmigrant classification except A or G. The A classification includes your home government's diplomats and representatives to the United States government and their dependents. The G classification includes your government's representatives to international organizations, such as the United Nations, and their dependents
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Obtain an H, L, or immigrant visa. H includes temporary workers, trainees, and their dependents. L includes intracompany transferees and their dependents. An immigrant is the same as a permanent resident, or holder of a "green card."
The visa stamp in your passport, your Form DS-2019, or both, may show an indication by a consular officer that you are or are not subject to the requirement. These indications are usually accurate but are not legally binding. Even though these endorsements are not final, US Citizenship and Immigration Services (USCIS) usually accepts indications that you are subject.
If you are unsure whether you are subject...
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Consult your International Student Advisor. Be sure to take your passport, all of your Forms DS-2019, your l-94, and copies of prior l-94, if available. Your advisor may be able to determine if you are subject to the requirement based on the source of funding or the Exchange Visitor Skills List.
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Request an Advisory Opinion by writing to the U.S. Department of State (DOS) at: U.S. Department of State CA/VO/L/W, Visa Services 2401 E Street, NW, (SA-1) Washington, D.C. 20522-0106. The request for an advisory opinion should be made by letter and must provide legible copies of all of your DS-2019 forms for the entire time in J status. You should provide a self-addressed, stamped envelope for where you would like the advisory opinion sent.
Waivers of the Requirement
There are five grounds for waiver of the requirement
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Exceptional hardship to your spouse or unmarried minor child who is a citizen or permanent resident of the United States. If, for example, you had a child who was born in the United States and was therefore a citizen of this country, and if the child had a serious medical condition that could not be treated in your country, you might obtain a waiver because the child would suffer a hardship by going there with you to live. You would apply to USCIS on Form l-612, "Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, as Amended."
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Fear of persecution. If you can demonstrate that, because of your race, religion, political opinions, or nationality, you would face persecution by your home government if you went back to your country, you might qualify for a waiver. You would apply to USCIS on Form I-612.
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Requested by an interested United States government agency. If your participation in research or a project sponsored by a United States government agency is of sufficient importance to that agency, it can apply to the DOS for a waiver for you in its interest, not yours.
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A "no objection" statement (not permitted for medical trainees). Your country's embassy in Washington can indicate in a direct letter to the DOS that it has no objection to your receiving a waiver, or the foreign ministry in your capital at home can write to the United States embassy there. A "no objection" statement will usually not lead to a waiver if the Exchange Visitor has received more than $2,000 in funding from the United States government.
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A request by a designated State Department of Public Health or its equivalent, CONRAD.
A word of caution: This is a summary of very complex and sensitive issues. It is intended only to help you understand the nature of the requirement, not to serve as a legal reference. For detailed information, consult your International Student Advisor and visit the Department of State website.
For additional information, please see the Frequently Asked Questions on the Two Year Home Country Physical Residence Requirement