J-1 Waiver
The two-year foreign residence requirement applies to the following nonimmigrant visa categories and situations where someone is awaiting permanent residency:
- The U.S. government funded part or all of the exchange visitors program
- The government of a person’s country of last residents funded part or all of the exchange visitors program
- The person possesses skills required by their own country
- The person came to the U.S. to receive graduate medical education / training
- The person is the spouse or child of a J-1 visa holder.
A waiver exempting an applicant from the foreign residence requirement can be provided on the basis of the following:
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U.S. government agency usually requests waivers for exchange visitors for the benefit of U.S. security interests or the public good, or if the agency thinks that required departure of the applicant would be detrimental for an activity or program of interest to the agency.
- The foreign residence requirement would cause exceptional hardship to a U.S. citizen or permanent resident spouse or child
- The applicant is facing persecution in a home country due to race, religion, political opinion, nationality, membership
- The applicant’s home government issues a letter of “no objection” to their staying in the U.S. – foreign medical graduates are not eligible for an exemption based on this
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