J1 Visa Lawyers News – Updated Policy on 2-Year Foreign Residence Requirement

Today, the U.S. Citizenship and Immigration Services (“USCIS”) issued new policy guidance regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification. 

Background

Certain J-1 exchange visitors are subject to a 2-year home residence requirement; meaning, they must reside and be physically present in their “home country”  for an aggregate of at least two (2) years before they are eligible to apply for an immigrant visa, adjustment of status, or a nonimmigrant visa in H, L, or K classification. 

Further, these exchange visitors are prohibited from changing their status to certain other nonimmigrant classifications. 

“Home country” is the country of nationality or last legal residence abroad as listed on the Certificate of Eligibility for Exchange Visitor Status (Form DS-2019). 

Policy Highlights

• Clarifies that USCIS determines whether the exchange visitor has met the 2-year foreign residence requirement within the context of a subsequent application or petition under the preponderance of the evidence standard. 
• Explains that a travel day, where a fraction of the day is spent in the country of nationality or last residence, counts towards satisfaction of the 2-year foreign residence requirement. 
• Provides that USCIS considers situations in which it is impossible for the benefit requestor to satisfy the 2-year foreign residence requirement on a case-by-case basis, and that USCIS consults with the Department of State in this situation. 
• Clarifies the three exceptions to the requirement that a foreign medical graduate obtain a contract from a health care facility in an underserved area when seeking a waiver of the 2-year foreign residence requirement. 

Impossible Situations

The policy guidance suggests that war, civil unrest, travel bans, imperialism or other political changes may make compliance with the 2-year residence requirement effectively impossible.

J1 Visa Lawyers

If you would like to speak with a J1 visa lawyer regarding the updated policy guidance, contact Attorney Dayna Lally, at [email protected]. Consultation fees apply.

Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.

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Last Reviewed/Updated: 10/24/2023