What Is It?

Some J visitors must go home for two years between the end of the program and any return as an immigrant or a nonimmigrant worker. They either are in programs financed directly or indirectly, and even only in part, by a government agency (from either country) or are from a country that's listed by the US State Department as needing the visitors' skills. The "Skills List" is published from time to time in the Federal Register and is available on the internet.

There are exceptions:

  • If the visitor would be persecuted after returning home
  • If the State Department accepts the recommendation of an "interested government agency" to waive the requirement
  • If the visitor's husband, wife or child, who's a US citizen or legal permanent resident would suffer exceptional hardship if the visitor had to go home for two years
  • If the home country provides a "no objection" letter, and the State Department recommends accordingly waiving the requirement

The process varies for these. Actual decisions are available online, and a J Visa Waiver Frequently Asked Questions article is on the Lawyers.com web site.

Are Foreign Medical Graduates Included?

Yes, they must go home for two years if they were in programs involving patient care.

Does the Requirement Apply to J-2s?

There is some argument about that, but the agencies say it does. However, if the J-1 fulfills it, the J-2 is counted as having done so, too.

Can the J Visitor Return on Another Visa?

It depends on the visa. While the two-year requirement applies, the person can't apply for an immigrant visa or an H (temporary worker) or L (employee transferring between foreign and US units of an employer) nonimmigrant visa. The person also can't apply for adjustment of status from in the United States. He or she could come as a B visitor, but the time spent in the United States as a B visitor doesn't count toward the residence in the home country, so it delays the former J visitor from finishing the two years.

Can a J Visitor Change to another Non-Immigrant Status?

That's allowed only if it's to A, G, T or U status. The A status is for government officials. G status is for an international organization's official. T and U statuses are for victims of crimes.

Questions for Your Attorney

  • What if my country and skill are removed from the skills list while I'm in the United States? What if they are added while I'm in the United States?
  • What are my chances of getting a waiver of the requirement?