TWO YEAR HOME COUNTRY PHYSICAL PRESENCE REQUIREMENT
The two-year home country physical presence requirement is one of the most important characteristics of exchange visitor status and should be thoroughly understood by each exchange visitor (both J-1 and J-2).
The intent of the requirement is to have the home country benefit from the exchange visitor's experience in the United States. Exchange visitors come to this country for a specific objective such as intern, train, work and travel. The requirement is intended to prevent a participant who is subject to the two-year rule from staying longer than necessary for the objective, and to ensure that he or she will spend an aggregate of two years in the home country before coming back to the United States for a long-term stay.
For more information:
TERMS OF THE REQUIREMENT
Being subject to this rule has three major effects on the exchange visitor's future U.S. immigration options. Until a subject exchange visitor either complies with or is granted a waiver of the two-year requirement, he or she:
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Is not eligible to obtain an H or L visa at a U.S. consulate;
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Is not eligible for lawful permanent resident status;
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Is not eligible to change status from J to any other nonimmigrant status from within the U.S., except to A (diplomatic) or G (employee of an International Organization) status. In most cases, USCIS will also not approve a change from J-2 to J-1 or vice versa.
Please note that an exchange visitor who is subject to this rule may still leave the U.S. and apply for a new visa category other than H or L.
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YOU ARE SUBJECT TO THE REQUIREMENT IF...
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Your J-1 participation is or was funded in whole or in part, directly or indirectly, for the purpose of exchange, by your home government or the United States government;
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As a J-1 exchange visitor, you are acquiring a skill that is in short supply in your home country, according to the Exchange Visitor Skills List;
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You have participated as a J-1 in a graduate medical education or training program, i.e., residency, internship, or fellowship, sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG); or
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You are a J-2 dependent of an exchange visitor who is subject to the requirement.
PRELIMINARY ENDORSEMENTS
The visa stamp in your passport, your Form DS-2019 (labeled "preliminary endorsement), or both may show an indication by a consular officer or a Department of Homeland Security (DHS) inspector that you are or are not subject to the requirement. Exchange visitor should understand that this is only a preliminary opinion and that these determinations are sometimes wrong.
WAIVER OF THE REQUIREMENT
If an exchange visitor subject to this rule does not wish to fulfill the requirement, he or she may be able to obtain a waiver. If the waiver is approved, it is as if the two-year requirement never existed. More detailed information is available on DOS website at
https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/exchange-waiver-faqs.html.