The J-1 two-year home-country physical presence requirement is a condition for certain J-1 visa holders, particularly those who participate in exchange programs sponsored by the U.S. government, receive government funding, or work in fields deemed in high demand in their home country. As an immigration lawyer can share, under this requirement:
- Two-Year Residency Requirement: J-1 visa holders must return to their home country for at least two years after their program ends. During this time, they are expected to share the knowledge, skills, and experiences gained in the U.S.
- Restrictions: Until the two-year requirement is fulfilled, these J-1 visa holders are ineligible for certain U.S. visas and immigration benefits, including:
- H-1B (specialty occupation visa)
- L-1 (intracompany transferee visa)
- K (fiancé/fiancée visa)
- U.S. lawful permanent residency (Green Card)
- The requirement aims to foster the exchange program’s objective of promoting mutual understanding by ensuring participants bring their skills and knowledge back to benefit their home countries.
- Waiver Options: In some cases, J-1 holders can apply for a waiver of the two-year residency requirement. Waivers may be granted under specific conditions, such as proving hardship for a U.S. citizen family member or obtaining a “No Objection Statement” from their home country.
Obtaining a waiver involves several steps as our friends at Bolour / Carl Immigration Group, APC can explain further:
Determine Your Eligibility Basis: You must qualify under one of the following categories:
- No Objection Statement: Your home country’s government issues a statement indicating no objection to you not fulfilling the two-year requirement.
- Request By An Interested U.S. Federal Government Agency: A U.S. federal agency requests a waiver on your behalf, stating that your departure would be detrimental to its interests.
- Persecution: You can demonstrate that returning to your home country would subject you to persecution based on race, religion, or political opinion.
- Exceptional Hardship: Your departure would cause exceptional hardship to your U.S. citizen or lawful permanent resident spouse or child.
- Conrad State 30 Program: For foreign medical graduates agreeing to work in underserved areas in the U.S.
Submit Your Application To The Appropriate Agency: Some waivers require you to first submit documentation to the relevant agency for approval. Once you receive their endorsement, you can proceed with submitting your application to U.S. Citizenship and Immigration Services (USCIS).
Pay Required Fees: Be prepared to pay any applicable filing fees. These fees vary depending on the type of waiver you’re seeking. Fee waivers may be available in certain cases, but you must submit a separate request to demonstrate financial hardship.
Monitor The Progress Of Your Case: USCIS will process your application and may request additional evidence or clarification during the review process. You can check the status of your case online through the USCIS Case Status tool.
Receive A Decision: If your waiver application is approved, USCIS will issue you a waiver certificate or approval notice. This document confirms that you are no longer subject to the two-year foreign residence requirement. In some cases, your waiver approval may need to be sent to the Department of State for final processing.
Prepare for Next Steps: Once your waiver is granted, you can take the necessary steps to adjust your immigration status or apply for a visa that allows you to remain in the U.S. without the two-year foreign residency obligation.
Navigating the waiver process can be complex, and errors or misunderstandings may jeopardize your case. Consulting with a legal professional near you for help through this process.