The two year home residency requirement applies to the J-1 Visa Holder and all dependents on J-2 visa
• their program was partially or fully funded by a government agency of the United States or of the visitor's home country.
• the exchange visitor came to the U.S. to receive graduate medical education or training in the U.S.
• they have a skill which is in short supply in their own country, and that skill appears on the Exchange Visitor Skills List of the U.S. Department of State, found here:
- Exchange Visitors Skills List
- This skills list includes (but is not limited to) the following fields:
▪ Public administration
▪ Computer science
▪ Natural science
▪ Social science
Important additional information on the two year home residency requirement:
- If a J-1 Exchange Visitor who is subject to the requirement marries a U.S. citizen or permanent resident, he or she is still subject to the requirement, unless a waiver is obtained or the requirement is fulfilled.
- If the J-1 Exchange Visitor is subject to the requirement, any J-2 dependents are also subject. If the J-1 obtains a waiver, J-2 dependents are included in the waiver, unless they have held J-1 status and are subject in their own right.
- If the J-1 Exchange Visitor who is subject to the requirement goes abroad and reenters the U.S. in another visa status, the individual is eligible to continue in that new status, but is still subject, unless a waiver is obtained or the requirement is fulfilled.
- It is not possible to obtain an H or L visa for work in the U.S., without first obtaining a waiver of the home residency requirement – however, it may be possible to obtain an O-1 visa prior to obtaining a waiver.
Contact our office today to discuss your particular situation.