USCIS Issues Policy Guidance Regarding the 2-Year Foreign Residence Requirement for the J Nonimmigrant Classification

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification.

The update adds information about how USCIS determines whether the requirement has been met, the evidence a benefit requestor may submit to show compliance with the requirement, and how it considers situations in which it is effectively impossible for the benefit requestor to satisfy the requirement.

It also corrects an omission, from existing Policy Manual content, of one of the foreign medical graduates’ grounds for waivers of the foreign residence requirement. This update includes the ground and clarifies employment requirements.

The guidance is effective immediately on publication.

The J-1 nonimmigrant classification is for exchange visitors who intend to participate in an approved program in the United States for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving graduate medical education or training.