• Skip to primary navigation
  • Skip to main content
  • Skip to footer
  • Contact Us
  • Schedule a Consultation
    • Pay for Attorney Consultation
  • News & Alerts
    • News & Insights
    • Legal Alerts
    • Sign-up for upcoming webinar or conference call
    • Adhikari Law Podcast
  • Español
  • 中文
  • українська
  • français
  • عربى

Adhikari Law PLLC

Attorneys at Law

Call: 888-820-4430 info@adhikarilaw.com
TwitterFacebookLinkedin
  • About Us
    • Meet our Professionals
      • Niranjan “Nir” Adhikari
        • Consult attorney Niranjan Adhikari
      • Akshay Chitre
      • Serena Yang Li
    • Careers
    • Client Login
    • Payment of Fees and Expenses
    • Our Practice Areas
      • U.S. Immigration
      • Corporate Law, corporate governance and compliance, and Contracts
      • Private International Law
      • U.S. Administrative Law
      • Int’l Trade and Business Transactions
    • Client Testimonials
    • Frequently Asked Questions (FAQ)
    • Legal Disclaimers
  • Work Visas
    • H Visas
      • H-1B Cap (quota) case
      • H-1B Advanced degree (Master’s or higher from U.S. institution) Exemption (master’s cap)
      • Cap-Exempt H-1B
      • H-1B Visa Extension, Amendment or Change of Employer (Transfer)
      • H-1B1 (Singapore/Chile)
      • H-2A (Agriculture Worker)
      • H-2B Visa
      • H-3 Nonimmigrant Trainee or Special Education Exchange Visitor
    • L-1 Visas
      • L-1A Visa (Intracompany Transferee Executive or Manager)
      • L-1B Visa (Intracompany Transferee Specialized Knowledge)
      • L-1 New Offices
      • L-1 Blanket Petition
    • Visa for Start-up Companies
      • H-1B for Startup
      • L-1 New Office
      • Startup Visa (Final Rule on International Entrepreneur)
    • E Visas (E-1, E-2, E-2 CNMI, E-3)
      • E-1 (Treaty Traders)
      • E-2 (Treaty Investors)
      • E-3 (Australia)
    • TN NAFTA
      • TN (Canada) NAFTA Professionals
      • TN (Mexico)
    • O Visas (O-1 and O-2)
      • O-1 Visa
      • O-2 Visa
    • P Visas (P-1, P-2, P-3)
      • P-1 Visa
      • P-2 Performer or Group Performing under Reciprocal Exchange Program
      • P-3 Visa
      • P-1S, P-2S, P-3S (Support Personnel)
    • B-1 & R-1 Visas
      • B-1 Business Visitor
      • B-1 in lieu of H-1 or H-3
      • B-1 Domestic Worker
      • R-1 Religious Worker
    • Training Opportunities as an F-1 or M-1 Student
    • Exchange Visitor (J-1 and Q-1)
      • Q-1 Cultural Exchange Visitor
      • J-1 Exchange Visitor
        • J-1 Waiver (2-year home country residence)
    • I (Rep of Foreign Media)
    • Employment Authorization Document (EAD)
      • EAD for for Certain H-4 Dependent Spouses
      • H-4 EAD Frequently Asked Questions (FAQ)
    • Change of Status
    • Extension of Stay
    • Consular Processing of Nonimmigrant Visa
    • Third Country National Visa
  • Immigration
    • Employment-Based Green Card
      • EB-1 Green Card
      • EB-2 National Interest Waiver
      • EB-2 Green Card
      • EB-3 Green Card
      • Labor Certification (PERM)
      • I-140 Petition
      • EB-4 Special Immigrants
      • EB-5 Investors Green Card
      • Schedule A Group I (Nurses or PT)
      • Schedule-A Group II (Exceptional Ability in the Sciences or Arts; Exceptional Ability in Performing Arts)
    • Family-Based & Other Green Card
      • Family member of a green card holder
      • Family member of a U.S. Citizen
      • Immediate relative of a U.S. citizen
  • Citizenship
  • Corporate Law
    • Corporate Law
    • Schedule an Attorney Consultation
  • Start-up
    • H-1B for Startup
    • Startup Visa (Final Rule on International Entrepreneur)
    • Schedule an Attorney Consultation
  • Intellectual Property
Home | Work Visas | Exchange Visitor (J-1 and Q-1) | J-1 Exchange Visitor | J-1 Waiver (2-year home country residence)

J-1 Waiver (2-year home country residence)

As a current or past exchange visitor (J-1) visa holder, you are subject to the two-year home-country physical presence requirement, also known as the foreign residence requirement under U.S. law, for one or more of the following reasons:

  • Government funded Exchange Program – You participated in an exchange program that was funded in whole or in part by a U.S. government agency, your home country’s government, or an international organization that received funding from the U.S. government or your home country’s government.
  • Specialized Knowledge or Skill – You participated in an exchange program involving an area of study or field of specialized knowledge that has been designated as necessary for further development of your home country and appears on the Exchange Visitor Skills List for your home country. Note: If your country does not appear on this list, there is no requirement to return to your home country for two years at the end of your program, based on the skills list.
  • Graduate Medical Education/Training – You participated in an exchange program to receive graduate medical education or training.
What does being subject to this requirement mean?

You are required to fulfill this requirement by returning to your home country for a cumulative total period of at least two years. You are not prohibited from travelling to the United States, but until you have fulfilled the two-year home-country physical presence requirement, you are not permitted to do any of the following:

  • Change status while in the United States to the nonimmigrant categories of temporary worker (H) or intracompany transferee (L);
  • Adjust status while in the United States to immigrant visa/lawful permanent resident status (LPR);
  • Receive an immigrant visa at a U.S. Embassy or Consulate; or
  • Receive a temporary worker (H), intracompany transferee (L), or fiancé (K) visa.

There is a provision in U.S. law for a waiver of this requirement by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), when applied for by the former exchange visitor and recommended by the Department of State, Waiver Review Division.

If you are subject to the two-year home-country physical presence requirement, but you are not able to fulfill the requirement, you may apply to the Department of State, Waiver Review Division for a recommendation that USCIS grant a waiver under any one of the five applicable bases set forth in U.S. immigration law. Choose the one basis that you qualify for or applies to your situation.

Five Bases for Recommendation of a Waiver

1. No Objection Statement:

Your home country government may issue a No Objection Statement through its embassy in Washington, DC directly to the Waiver Review Division that it has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident of the United States. T

2. Request by an Interested U.S. Federal Government Agency:

If you are working on a project for or of interest to a U.S. federal government agency, and that agency has determined that your departure for two years to fulfill the two-year home-country physical presence requirement would be detrimental to its interest, that agency may request an Interested Government Agency Waiver on your behalf.

3. Persecution:

If you believe that you will be persecuted based on your race, religion, or political opinion if you return to your home country, you may apply for a persecution waiver.

4. Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of an exchange visitor:

If you can demonstrate that your departure from the United States would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child, you may apply for an exceptional hardship waiver.

5. Request by a designated State Public Health Department or its equivalent (Conrad State 30 Program):

If you are a foreign medical graduate who obtained exchange visitor status to pursue graduate medical training or education, you may request a waiver of the two-year home-country physical presence requirement based on the request of a designated State Public Health Department or its equivalent, if you meet all of the following criteria. This waiver category is also known as the Conrad State 30 Program. You must:

  • have an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area;
  • agree to begin employment at that facility within 90 days of receiving a waiver; and
  • sign a contract to continue working at that health care facility for a total of 40 hours per week and for not less than three years.

Getting a J-1 Waiver is a complex process and you may be better served by retaining a lawyer to seek a waiver on your behalf. Write us to schedule a consultation for J-1 waiver and give us a call at (+1) 202-600-7742

Footer

Contact Us

Call us or write us today to schedule a legal consultation

Email: info@adhikarilaw.com
Phone: 888-820-4430 (Toll-free)
Fax: 202-792-6243

Business Hours

Monday – Friday: 8:30am – 5:30pm
Saturday & Sunday: Closed

Follow Us on Social Media

Visit us at our Washington, D.C.

Adhikari Law PLLC, 1627 K St NW Suite 500, Washington, DC 20006
Tel: 888-820-4430
info@adhikarilaw.com

Tyson’s Corner Office:

Adhikari Law PLLC, 1751 Pinnacle Dr, Suite 600, McLean, VA 22102 (by appointment)
hello@adhikarilaw.com

Quick Links

  • About Us
  • Our Services
  • Contact Us
  • Careers
  • Frequently Asked Questions (FAQ)
  • Legal News & Newsletters
  • Copyrights
  • Privacy Policy & Terms and Conditions
  • Legal Disclaimers

Some useful links

  • Visa Bulletin (Priority Dates)
  • DoL Processing Time
  • Check Your Case Status
  • Types of U.S. Visas

Recent Posts

  • USCIS will begin H-1B Electronic Registration in March 2023 for the 2023 lottery January 27, 2023
  • Options for nonimmigrant foreign workers following Termination of Employment December 20, 2022
  • Continuation of TPS and related documentation for El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal’s TPS beneficiaries November 11, 2022
  • Варіанти віз, імміграції та проїзних документів до Сполучених Штатів Америки для громадян України November 8, 2022
  • ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants November 1, 2022
  • USCIS will begin H-1B Electronic Registration in March 2022 for the 2022 lottery January 21, 2022
  • Biden-⁠Harris Administration Actions to Attract STEM Talent and Strengthen U.S. Economy and Competitiveness: FACT SHEET January 21, 2022
  • National Interest Waivers (NIW) for Advanced Degree Professionals or Persons of Exceptional Ability January 21, 2022

Disclaimer:
The materials appearing on this are attorney advertising. ATTORNEY ADVERTISING. Past performance does not guarantee future results.This site is NOT intended to create an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely upon any single source of information. You may ask us to send you additional information about us.

© 2022, Adhikari Law PLLC. All Rights Reserved.

  • Schedule a Consultation
  • Pay for Attorney Consultation
  • Contact Us
  • News & Alerts
    • Show All Articles
    • News & Insights
    • Legal Alerts
    • Sign-up for upcoming webinar or conference call
  • Work Visas
    • Work Visas Page
    • H Visas
      • H Visas Page
      • H-1B Cap (quota) case
      • H-1B Advanced degree (Master’s or higher from U.S. institution) Exemption (master’s cap)
      • Cap-Exempt H-1B
      • H-1B Visa Extension, Amendment or Change of Employer (Transfer)
      • H-1B1 (Singapore/Chile)
      • H-2A (Agriculture Worker)
      • H-2B Visa
      • H-3 Nonimmigrant Trainee or Special Education Exchange Visitor
    • L-1 Visas
      • L-1 Visas Page
      • L-1A Visa (Intracompany Transferee Executive or Manager)
      • L-1B Visa (Intracompany Transferee Specialized Knowledge)
      • L-1 New Offices
      • L-1 Blanket Petition
    • Visa for Start-up Companies
      • H-1B for Startup
      • L-1 New Office
      • Startup Visa (Final Rule on International Entrepreneur)
    • E Visas (E-1, E-2, E-2 CNMI, E-3)
      • E-1 (Treaty Traders)
      • E-2 (Treaty Investors)
      • E-3 (Australia)
    • TN NAFTA
      • TN (Mexico)
      • TN (Canada) NAFTA Professionals
    • O Visas (O-1 and O-2)
      • O-1 Visa
      • O-2 Visa
    • P Visas (P-1, P-2, P-3)
      • P-1 Visa
      • P-2 Performer or Group Performing under Reciprocal Exchange Program
      • P-3 Visa
      • P-1S, P-2S, P-3S (Support Personnel)
    • B-1 & R-1 Visas
      • B-1 in lieu of H-1 or H-3
      • B-1 Domestic Worker
      • B-1 Business Visitor
      • R-1 Religious Worker
    • Training Opportunities as an F-1 or M-1 Student
    • Exchange Visitor (J-1 and Q-1)
      • Exchange Visitor (J-1 and Q-1) Page
      • Q-1 Cultural Exchange Visitor
      • J-1 Exchange Visitor
        • J-1 Waiver (2-year home country residence)
    • I (Rep of Foreign Media)
    • Third Country National Visa
    • Employment Authorization Document (EAD)
      • H-4 EAD Frequently Asked Questions (FAQ)
      • EAD for for Certain H-4 Dependent Spouses
      • Employment Authorization Document (EAD) Page
    • Change of Status
    • Extension of Stay
    • Consular Processing of Nonimmigrant Visa
  • About Us
    • About Us Page
    • Meet our Professionals
    • Niranjan “Nir” Adhikari
    • Serena Yang Li
    • Client Login
    • Careers
    • Payment of Fees and Expenses
    • Our Practice Areas
      • Our Practice Areas Page
      • U.S. Immigration
      • Corporate Law, corporate governance and compliance, and Contracts
      • Private International Law
      • U.S. Administrative Law
      • Int’l Trade and Business Transactions
    • Client Testimonials
    • Frequently Asked Questions (FAQ)
    • Legal Disclaimers
  • Immigration
    • Immigration Page
    • Employment-Based Green Card
      • Employment based Green Card
      • EB-1 Green Card
      • EB-2 National Interest Waiver
      • EB-2 Green Card
      • EB-3 Green Card
      • Labor Certification (PERM)
      • I-140 Petition
      • EB-4 Special Immigrants
      • EB-5 Investors Green Card
      • Schedule A Group I (Nurses or PT)
      • Schedule-A Group II (Exceptional Ability in the Sciences or Arts; Exceptional Ability in Performing Arts)
    • Family-Based & Other Green Card
      • Family Based Green Card Page
      • Family member of a green card holder
      • Family member of a U.S. Citizen
      • Immediate relative of a U.S. citizen
  • Citizenship
  • Corporate Law
  • Start-up
    • Start-up Page
    • H-1B for Startup
    • Startup Visa (Final Rule on International Entrepreneur)
  • Intellectual Property
  • Español
  • français
  • українська
  • عربى
  • 中文