FAQ:  Two-Year Residence for J-1 Exchange Visitors

Two-Year Residence for J-1 Exchange Visitors

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 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 can be difficult to obtain.

Waivers are available upon: (1) a request of an interested U.S. government agency; (2) a showing of unanticipated exceptional 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 Department of State based on a letter from the home country indicating no objection to the waiver.  See http://www.travel.state.gov for a detailed explanation of the waiver process by the State Department.

For those who are seeking training and who want to avoid the risk of a two-year home residency requirement, the H-3 (trainee) visa may be an alternative.