J-1 Exchange Visitors and Waivers of the J-1 2-year Foreign Residence Requirement

J-1 Exchange Visitors and Waivers of the J-1 2-year Foreign Residence Requirement

The J-1 Exchange Visitor Visa is administered by the U.S. Department of State and is for foreign nationals approved to participate in exchange visitor programs in the United States.  These programs include, but are not limited to, Au Pair and EduCare programs, Camp counselors, Physicians, Professors and Research Scholars, Interns, Trainees, Teachers, and Students. 

Some individuals who come to the U.S. on a J-1 visa are subject to a 2-year home residency requirement set forth in Section 212(e) of the Immigration and Nationality Act (“INA”).  Under Section 212(e) of the INA, a person subject to the two-year home residency requirement must return to their home country or country of last residence for an aggregate of 2 years before obtaining lawful permanent resident (“LPR”) status or H or L nonimmigrant status.  Exchange visitors subject to the 2 year residence requirement may apply for waivers of the requirement based on: (1) a no objection statement issued by the government of the home country of the J-1 visa holder (not available to physicians); (2) exceptional hardship to a J-1 visa holder’s U.S. citizen or legal permanent resident spouse or child; (3) fear of persecution in the J-1 visa holder’s home country; (4) a request by an interested U.S. government agency; or (5) a physician’s acceptance into a Conrad 30 waiver program for service in medically underserved areas.

Employment may be authorized for students in J-1 exchange visitors status to engage in academic training while a student and after the completion of their studies.

If you would like to consult with an experienced HSPRD attorney about obtaining J-1 status for yourself or an employee or prospective employers or obtaining a waiver of the 2-year home residency requirement, please contact our Firm at (312) 239-7675 or info@chicagovisalawyers.com

Learn More About Your Options

Contact Us

Let’s Get Started

Contact Us

We're not around right now. But you can send us an email and we'll get back to you, asap.

Not readable? Change text. captcha txt
The owner of this website has made a committment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.