Advanced Topic for J-1 Exchange Visitors: Do You Really Have to Go Home For Two Years?

J-1 exchange visitors whose visit was financed by the U.S. or foreign government, whose skills are required in the foreign country, or whose admission to the U.S. was for graduate medical education or training, are ineligible for a green card or for H or L temporary work authorization (see Alphabet Soup for an explanation of temporary work authorization) unless they have spent two years in their home country after completion of their J-1 visit. Although this requirement can be waived in certain cases, waivers are difficult to obtain.

Waivers are available upon: (1) a request of an interested U.S. government agency; (2) a showing of unanticipated exceptional and hardship to the J-1 exchange visitor's U.S. citizen spouse or child; (3) a showing of persecution in the home country; or (4) upon the favorable recommendation of the United States Information Agency (USIA) based on a letter from the home country indicating no objection to the waiver.

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