J1 Home Residency Requirement(HRR) and Waiver Eligibility

The Exchange Visitor (J) non-immigrant visa category is for individuals approved to participate in work-and study-based exchange visitor programs. Participants are integral to the success of the program.  As the affiliated visa of J1, J2 visa is issued by a consular official at a U.S. embassy or consulate for spouses and dependents (unmarried children under the age of 21) of J-1 exchange visitors. For more information about J-1/2 visa, please read out article J-1/J2 Visa. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). This law specifies home country as where you received the funding or where you originally came from for your program. If you came from India, staying in Canada after studying for 2 years will not qualify. If you cannot return home for two years, you must apply for a waiver. The Department of Homeland Security must approve your waiver before you can change status in the United States or receive a visa in certain categories, please read the details in item 2. 

Here you can learn more about J-1 residency requirement and how to waive it. 

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