The J-1 Exchange Visitor Visa is a nonimmigrant visa for individuals participating in qualified exchange programs for training or teaching purposes, among other purposes. U.S. Citizenship and Immigration Services provided clarification to this visa as to residency requirements.
Some J-1 exchange visitors are required to comply with a foreign residence requirement. The condition states individuals must reside and be physically present in their home country for a minimum of two years prior to applying for this visa. For the J-1 applicant, USCIS clarified the specifics of what qualifies to be counted toward that requirement.
Travel days when partial days are spent in the home country count toward the requirement.
In situations where it is considered impossible to comply with the requirement for the benefit requestor, USCIS will review on a case-by-case basis, consulting with the Department of State.
For foreign medical graduate individuals, USCIS clarified the three exceptions to the requirement of entering a contract with a health care resource in an underserved area if pursuing a waiver of the 2-year foreign residence requirement.
Full-time employment offer in an area in the U.S. designated as having a shortage of health care access;
Begin employment within 90 days of waiver receipt at the noted facility; and
Agree to work at that health care facility for 40 hours per week for not less than three years.
Individuals must first apply to a qualified exchange program and be accepted, prior to submitting a request for the J-1 Visa.
If you have questions about the residency requirement for the J-1 nonimmigrant visa or any other immigration-related issue, contact us at ILBSG. Our team of attorneys provides years of expertise and genuine client care, and of course, always the right advice.
