U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification.
The update adds information about how USCIS determines whether the requirement has been met, the evidence a benefit requestor may submit to show compliance with the requirement, and how it considers situations in which it is effectively impossible for the benefit requestor to satisfy the requirement.
It also corrects an omission, from the existing Policy Manual content, of one of the foreign medical graduates’ grounds for waivers of the foreign residence requirement. This update includes the ground and clarifies employment requirements.
The guidance is effective from October 24, 2023.
The J-1 visa classification is for exchange visitors who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving graduate medical education or training.
Examples of exchange visitors include, but are not limited to – Professors or scholars, Research assistants, Students, Trainees, Teachers, Specialists.
Certain J-1 exchange visitors are subject to a foreign residence requirement, which requires that they reside and be physically present in their country of nationality or last legal residence abroad for an aggregate of at least 2 years before they are eligible to apply for an immigrant visa, adjustment of status, or a nonimmigrant H, L, or K visa.
On June 8, 2023, USCIS published comprehensive guidance on the exchange visitor classification in the Policy Manual.
USCIS is now updating guidance to further clarify how USCIS determines whether a benefit requestor has met the 2-year foreign residence requirement