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J-1 Foreign Residency Requirement & Waivers

by Hamid R. Kashani, Attorney at Law
Nov 07, 2018

Am I subject to the two-year, home-country physical presence requirement?

If you are holding a J-1 visa, you would be subject to two-year, home-country physical presence requirement, if you participated in any of the following types of programs:

  • A program, which was wholly or partially funded by the U.S. government, your home country, or an international organization that received funding from either the U.S. government or your home country.
  • A program involving an area of study or specialized knowledge appearing in Exchange Visitor Skills List, which is necessary for further development of your home country.
  • A program for graduate medical education or training.

How can I verify that the two-year, home-country physical presence requirement applies to me?

Generally, your program sponsor should inform you whether you are subject to this requirement.  If you are unsure or wish to receive a confirmation, you may request an advisory opinion from the U.S Department of State.

You may also take a survey at the U.S. Department of State's web site, to see whether you are subject to the two-year, home-country physical presence requirement. However, you should know that this survey is informal. If you wish a definite answer, request an advisory opinion.

Does the two-year, home-country physical presence requirement also apply to my family members, who are holding J-2 visa?

If you are subject to two-year, home-country physical presence requirement, the same requirement would equally apply to your family members, who are holding J-2 visas.

 

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