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What is the Foreign Residence Requirement?
A nonimmigrant temporarily enters
the United States for a specific purpose.
Exchange visitors are nonimmigrants (J-1 status) 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. Unless CIS approves a
waiver for this requirement, exchange visitors must depart from the United
States and live in their country of residence for two years before they
are allowed to apply for an immigrant visa, permanent residence, or change
to a new nonimmigrant status.
Where
Can I Find the Law?
The Immigration and Nationality Act is a law that
governs the admission of all foreign nationals to the United States. For
the part of the law about the foreign residence requirement, please see INA
¡ì 212e and INA
¡ì 214. The Code of Federal Regulations [CFR] discusses the foreign
residence requirement for exchange visitors at 8
CFR ¡ì 212.7 and 22
CFR ¡ì 514.
Who
is Subject to the Foreign Residence Requirement?
You are subject to the foreign residence
requirement, if you are a (J-1 visa status) participant in the Exchange
Vistor Program and:
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Any part of your participation
in the exchange program was paid for, directly or indirectly, by your
government or the United States Government. Your program sponsor should
have noted on your IAP-66 (Certificate of Eligibility for Exchange Visitor
Status) if your program was paid for directly or indirectly by your
government or the United States Government. You can also discuss this
issue with officials from the Bureau of Consular Affairs.
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You are from a country which
has been designated by Bureau of Consular Affairs as requiring your skills
(please see the Exchange
Visitor Skill List for more information); or
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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.
Who
is Eligible to Apply for a Waiver?
You may be eligible to apply 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. (If you came
to the United States as an exchange visitor to receive graduate
medical education or training, you are ineligible to receive a waiver
on this ground.)
- 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
(temporary worker in specialty occupation). If you are granted the
waiver, you must agree to begin your employment with the state within
90 days of receiving the waiver. This state request is submitted to
the director of the Bureau of Consular Affairs.
How
Do I Apply?
If you fall under the first two categories above, you must file a Form
I-612 by mail with the CIS office that serves that area where you live.
Please read the entire application carefully and submit the right
documents, photos, and fee.
If your government, a U.S. government agency, or a
U.S. state is applying for a waiver for you, the government body should
apply directly to the Bureau of Consular Affairs for the waiver. The CIS and the Bureau of Consular Affairs will consider your case, and notify you
of their decision.
How
Can I Check the Status of My Application?
To check the status of your application, please
contact the CIS office that received your application. You should be
prepared to provide the CIS staff with specific information about your
application.
How
Can I Appeal?
If your application is denied by the Bureau of Consular Affairs or the CIS, you will receive a letter that will tell you why the application was
denied. You will also be told whether you have a right to appeal this
decision and how you should appeal.
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