Introduction
The purpose of this requirement is to ensure that the home country benefits from the exchange visitor's experience in the United States. The two year requirement states that the person who is subject to the two year home residence requirement may not change to another nonimmigrant status in the US or acquire H, L, or immigrant status, until that person has resided for two years in his/her home country or country of legal permanent residence or has requested and been granted a waiver of the two-year requirement.
Please note that not all exchange visitors are subject to this requirement.
Subject or Not Subject, That is the Question!
You are subject to the two year home residency requirement if you are:
Funded in whole or in part by your home government or the United States government, or funded indirectly by a government for the purpose of international exchange
Acquiring a skill that is in short supply in your home country according to the "Exchange Visitors Skills List"
Participating in a J-1 graduate medical education or training program sponsored by ECFMG (Educational Commission for Foreign Medical Graduates); or
A J-2 dependent of an Exchange Visitor who is subject to the two year home residency requirement.
Applying for a Waiver
Application for the waiver is made through the Department of State (DOS). DOS reviews the application and makes a recommendation to the US Citizenship and Immigration Services (CIS formerly INS). CIS actually grants the waiver. There are 4 basises for which a waiver may be requested.
Exceptional Hardship: Applicant would apply for a waiver based on exceptional hardship to their US citizen or lawful resident spouses or minor children.
Persecution: Applicant would apply for a waiver based on their belief that they will be subject to persecution because of race, religion, or political opinions if they returned to their home country.
Interested US Government Agency: A US government agency may apply to DOS for a waiver in behalf of the applicant if they are interested in the applicant's programs or projects and if they believe that it is in the best interest of the United States to allow the individual to remain.
No Objection by Home Country: The applicant applies for a waiver based on a statement from their home country that there is no objection to a waiver of the two year home residency.
The Waiver Application Process
The application and procedures to apply for a waiver may be obtained from the US Department of State website.
It is important that before you apply for a waiver that you speak with an ISS counselor in order to determine the most appropriate timing of this application.