Under the Exchange Visitor Program administered by the Waiver Review Division within the Visa Offices of the U.S. State Department ("VOWRD"), some 200,000 foreign nationals come to this country to work, study, or train in the United States annually. As part of the public diplomacy efforts of the United States Government, these foreign nationals enter the United States as participants in the Exchange Visitor Program which seeks to promote relations with other countries through educational and cultural exchange programs. J-1 Program General Requirements and Procedures. Accordingly, many exchange visitors entering the United States are subject to a statutory provision, set forth a 8 U.S.C. 1182 (e) [section 212 (e) of the Immigration and Nationality Act], which requires they return to their home country (or last foreign country of residence, if applicable) for a period of two years to benefit that country with the knowledge, experience and impressions gained during their sojourn in the Untied States.
Foreign nationals and their dependents, who enter the United States in "J" status as Exchange Visitor Program participants are subject to the two-year return requirement if they: (i) received U.S. or foreign government financing for any part of their studies or training in the U.S. (U.S. Government Financing); (ii) studied or trained in a field deemed of importance to their home government and such field is on the "skills lists"; or, (iii) entered the U.S. to pursue graduate medical education or training (J-1 Physicians). An exchange visitor subject to this two-year requirement is not eligible for an H or L visa, or legal permanent resident status until the return-home requirement is fulfilled or waived.
Exchange visitors subject to the two year return-home requirement may seek a waiver of such requirement. The bases upon which a waiver may be granted are: (i) A no objection statement from the visitor's home government, which is normally sufficient only for "skills list" cases or foreign (with no U.S. related aid funds involved) government financing. [ie. not for J-1 physicians] (ii) exceptional hardship to the visitor's U.S. citizen (or legal permanent resident) spouse or child; (iii) a reasonable fear of persecution if the visitor were to return to his or her home country; and, (iv) a request, on the visitor's behalf, by an interested United States Government agency or by a state health department on behalf of an exchange visitor who has pursued graduate medical education or training in the U.S. The Visa Office's Waiver Review Division, is responsible for processing "J" waiver applications. VOWRD Waiver Processing Procedure. CAUTION: Any inquiry made to the VOWRD concerning a potential waiver could prevent renewal of an exchange visitor's current "J" status or visa.