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Current Students - Other Immigration/Visa Information
J-1 Foreign Residency Requirement
Exchange visitors are non-immigrants (J-1 visa holders) who participate in the
Exchange Visitor Program. This program, which is administered by the Bureau of
Consular Affairs, seeks to promote peaceful relations and mutual understanding
with other countries through educational and cultural exchange programs.
Accordingly, many exchange visitors entering the United States are subject to
a requirement that they return to their home country to share with their
countrymen the knowledge, experience and impressions gained during their stay in
the United States.
You are subject to the foreign residence requirement if you are
a (J-1 visa status) participant in the Exchange Visitor Program and:
- Any part of your participation in the exchange program was paid for,
directly or indirectly, by your government or the United States Government.
- You are from a country which has been designated by the Bureau of Consular
Affairs as requiring your skills (see the Exchange Visitor Skill List); or
- You arrived in the United States on or after January 10, 1977, to obtain
graduate medical education or training.
If you fall into one of the above
categories, your dependent spouse and child are also subject to the foreign
residence requirement.
Apply for a Waiver
You may be eligible for a waiver for the foreign residence requirement if:
- You have a U.S. citizen or lawful permanent resident spouse or child and you can provide evidence that returning to your country would impose exceptional hardship on your spouse or child.
- You cannot return to your country because you would be subject to persecution because of your race, religion, or political opinion.
- A U.S. government agency requests a waiver directly from the Bureau of Consular Affairs for you because you are engaged in a project of official interest to the agency.
- Your country provides a written statement to the director of the Bureau of Consular Affairs stating that your country has no objection to a waiver.
- A state of the United States, through the state office of public health or its equivalent, sponsors you to work as a physician in a health manpower shortage area within the state for three years as a nonimmigrant in H-1B status.
The Office of International Education does not provide assistance to J-1 students
or scholars to apply for a waiver of the 2-year residency requirement. Please
refer to the
US Department of State web site for procedures and required documents.
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