The J-1 Visa is a nonimmigrant visa designed for exchange visitors who wish to participate in various qualified exchange programs, including training and teaching opportunities. U.S. Citizenship and Immigration Services (USCIS) offered guidance regarding the residency requirements associated with this visa.

Certain J-1 exchange visitors are required to comply with a foreign residence requirement, which stipulates that they must reside in their home country and be physically present there for a minimum of two years before they can apply for this visa. USCIS has provided specific details on what can be counted towards fulfilling this requirement:

• Travel days, even when partial days are spent in the home country, are considered as part of the requirement.
• In cases where it’s deemed impractical for the benefit requestor to meet the requirement, USCIS will review each situation individually in consultation with the Department of State.
• For foreign medical graduates, USCIS has clarified three exceptions to the requirement of entering into a contract with a healthcare facility in an underserved area if they wish to obtain a waiver of the two-year foreign residence requirement:
  • Receiving a full-time job offer in a U.S. area designated as having a shortage of healthcare access.
  • Starting employment within 90 days of receiving the waiver at the specified healthcare facility, generally in an area of low availability.
  • Committing to work at the healthcare facility for a minimum of 40 hours per week for no less than three years.

It’s essential for individuals to first apply to a qualified exchange program and gain acceptance before submitting a request for the J-1 Visa.

If you have any inquiries about the residency requirement for the J-1 nonimmigrant visa or any other immigration-related concerns, don’t hesitate to reach out to us. Our team of experienced attorneys is dedicated to providing expert guidance and personalized client support. We are with you every step of the way.