Two-Year Home Country Physical Presence Requirement

The intent of the J-1 Visitor Exchange program and the two year home country physical presence requirement is to have other countries benefit from the experience of EVs in the United States and their broadened skills and knowledge. Exchange Visitors come to the United States for a specific objective, such as a program of study or a research project. The requirement is intended to ensure that J-1 participants stay only as long as necessary for their intended objectives of their program in the USA and that they spend at least 2 years in their home countries before coming back to the USA for a long-term stay.

Exchange visitors who are subject to this requirement are:

  • Financed in whole or part by US federal government or home country government funds (Grant funding generally doesn’t count)
  • Those who are from countries where their specific skills are needed, as determined by the Exchange Visitors Skills list published by the Department of State
  • Medical doctors who come to the U.S. for training

If an EV is subject to the requirement, the EV and his/her J-2 dependents will not be eligible for certain visas or changes in immigration status until they have fulfilled the requirement. Until the EV has “resided and been physically present” for a total of two years in either the country of nationality or country of legal residence, the J-1 holder and J-2 dependents are not eligible for:

  • An H, L or immigrant visa, or for H, L, or immigrant status in the United States. H includes temporary workers, trainees, and their dependents. L includes intra-company transferees and their dependents. An immigrant is the same as a permanent resident, or holder of a “green card.”
  • A change of status, inside the United States, from J to any other non-immigrant classification except A or G. The A classification includes a foreign government’s diplomats and representatives to the United States government and their dependents. The G classification includes a foreign government’s representatives to international organizations, such as the United Nations, and their dependents.

J-1 holders and J-2 dependents are subject to the requirement if:

  • J-1 participation is or was funded in whole or in part, directly or indirectly, for the purpose of exchange, by the EV’s home government or the United States government;
  • As a J-1 Exchange Visitor, the EV is acquiring a skill that is in short supply in his/her home country, according to the United States government’s “Exchange Visitor Skills List” as it appears in the Federal Register. The list can be found here.
  • The J-1 holder has 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; or
  • One is a J-2 dependent of a J-1 Exchange Visitor who is subject to the requirement.

If an EV is still not certain if s/he is subject to this requirement, take the following steps:

  • Consult the J-1 Responsible Officer or the Office of International Students and Scholars.
  • Consult an attorney. Talk to an immigration specialist, preferably a member of the American Immigration Lawyers Association. Call the local chapter of the American Bar Association for a referral or recommendations of immigration attorneys. A list of immigration lawyers is available here.
  • Write to the US Department of State Waiver Review Division, Box 952137, St. Louis, MO 63195-2137. Write a cover letter explaining the uncertainty and enclose copies of all forms. Request an official opinion.