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Two-year home residency
requirement for J-1 exchange visitors
Certain J-1 exchange visitors are subject to the two-year home residency
requirement, which means that they have to return to and be physically
present in their home country for at least two years after the completion
of their program in the United States. Until this requirement is fulfilled
or waived, the exchange visitors are ineligible for change or adjustment
of status to other U.S. visas (such as H-1, L-1, permanent residency,
etc.)
The two year home residency requirement
applies to J-1 students, scholars and their J-2 dependents if:
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their program was partially of fully funded by a government agency
of the United States or of the visitor's home country
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the exchange visitor is engaged in a field that is on the "Skills
List" issued by USIA
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the exchange visitor came to the U.S. to receive graduate medical
education or training in the U.S.
The two-year home residency requirement may be
waived for the following reasons:
1) "No Objection" statement from the exchange visitor's
home country
A request for the waiver is submitted to the J-1 visitor's embassy
in Washington, D.C. If the request is approved, the home country (usually
the embassy in Washington, DC) sends a "No Objection" statement to the
United States Department of State. USDS, after collecting information
from the exchange visitor, will then make a recommendation. This process
usually takes 4-6 months or longer. Once the request has been filed with
USDS, the exchange visitor may not receive further program extensions.
2) Exceptional hardship
The exchange visitor must demonstrate that fulfilling the requirement
would cause exceptional hardship to his/her U.S. citizen or permanent
resident dependents. The request is filed on INS Form I-612.
3) Persectution
If the exchange visitor were subject to persecution in his/her
home country after returning from the U.S. because of race, religion or
political opinion, a request for the waiver can be filed on INS Form I-612.
4) Interest of a U.S. government agency
In this case the application for the waiver is made by the government
agency itself, demonstrating that it is the interest of the public and
it would be detrimental to the program if the exchange visitor had to
leave.
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The address of the United States Department
of State:
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US Department of State
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Attn: Exchange Visitor Program Services (GC/V)
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Waiver Review Branch
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301 4th Street, SW, FEMA 200
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Washington, DC 20547
For further details please contact:
Dr. Gerald Berkley-Coats
Email: gberkley@vt.edu
Phone: 540-231-6459
134 Burrus Hall
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