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Two Year Home Country Residence Requirement


The two-year home country physical presence requirement is one of the most important characteristics of Exchange Visitor status. This rule is tied to the J-1 exchange visitor’s field of study and country of last permanent residence.

Exchange Visitors subject to the two-year residence requirement must return to their “home” countries and be physically present there for an aggregate of two years before being eligible to return to the US in immigrant (permanent resident/green card) status, H status (temporary workers and dependents), or L status (intracompany transferees and dependents).

Exchange Visitors subject to the two-year home country residence requirement are not eligible to change their nonimmigrant status from J to permanent residence or to any other nonimmigrant category except A (diplomatic) and G (international organization).

Note that former Exchange Visitors are eligible for all other nonimmigrant visa types, even if subject to the two-year residence requirement. Only lawful permanent residence, and H and L visas, are prohibited. Exchange Visitors subject to the two-year residence requirement are eligible to leave the US and apply for visas to return as tourists, or as F-1 students, or as J-1 Exchange Visitors. The usual visa requirements must be met.

Persons with a two-year residence requirement are eligible for program transfers and extension of their J status up to the limits of time for their particular Exchange Visitor category.

 

Grounds for Being Subject

Not all Exchange Visitors are subject to the two-year residence requirement. There are three grounds on which an Exchange Visitor can become subject:

  1. The Exchange Visitor’s participation in an exchange program was financed, directly or indirectly, by the US government or a foreign government for the purpose of exchange.
  2. The skills that the Exchange Visitor is coming to develop or exercise are in a field which the Exchange Visitor’s home government requested be included on the “skills list” set by the US Department of State (DOS).
  3. The Exchange Visitor comes to the US to receive graduate medical education or training.

Exchange visitors should refer to their DS-2019 and J Visa stamp to determine if they are subject to the two-year home country residence requirement.

An Exchange Visitor who falls into one of these groups will continue to be subject, even if funding or field of study changes. If the principal J-1 Exchange Visitor is subject to the two-year residence requirement, dependents in J-2 status are subject as well.

 

Waivers

An Exchange Visitor may request that the two-year home residence requirement be waived only on the following bases:

  1. Statement from the Exchange Visitor’s home country that it has no objection to the waiver
  2. Request for waiver made by an interested US government agency
  3. Interest of a state agency (only for alien physicians)
  4. Exceptional hardship to the US citizen or permanent resident spouse or child of the Exchange Visitor
  5. Fear of persecution on account of race, religion, or political opinion

If the DOS recommends a waiver of the two-year foreign residence requirement, the Exchange Visitor cannot extend his or her program beyond the expiration date of the current DS-2019 form.

For additional information, visit the DOS’s Exchange Visitor Program website.

Not all J-1 exchange visitors are subject to this rule. If a student is subject to the 2-year home residency requirement, it is noted on the DS-2019 and on the visa stamp.