Exchange Visitors Visas 

Nonimmigrant visitor who has no intention of abandoning foreign residence who:

• Is a bona fide trainee, student, professor or research scholar, short term scholar, non- academic specialist, foreign physician, international visitor, teacher , government visitor, camp counselor, au pair, and summer student in travel/work program.
• Is entering U.S. to participate in an exchange visitor program that has been designated by U.S. Information Agency (USIA); and whose
• Participation includes such purposes as teaching, studying, observing, conducting research, consulting, receiving training (e.g., student to do post-graduate work; scholars doing research; medical students).
• Has sufficient funds and fluency in English.
• After Sept. 1, 1994, maintains sufficient medical insurance for accident and illness for participant and J family members in a minimum amount of $50,000 per accident or illness.
• Au Pair Program. The program permits 22,720 youths from abroad to be placed with American host families seeking child care. Although the program was previously limited to European youths, the Bureau of Public Affairs (BPA) has expanded it to include all nations except those lacking diplomatic relations with the U.S.

Two Year Foreign Residency Requirement.

• Certain J visa holders are subject to a requirement that they must return to their home country or country of last residence upon completion of their training in the U.S.
• Those J visa holders subject to this two year foreign residency requirement are persons:
• Whose participation "was financed in whole or in part, directly or indirectly, by an agency of the government of the U.S. or by the government of his nationality or last residence";
• Who at the time of admission or acquisition of status was engaged in a field which was on the BPA's skills list.
• Who came to the U.S. or acquired J status after Jan. 10, 1977, to receive graduate medical education or training.
• A person subject to the two year foreign residency requirement is ineligible for an immigrant visa/adjustment of status (except as to A and G categories), change of status, or approval of a petition under H or L categories unless he returns home and physically resides in his country for 2 years following departure from the U.S. or obtains a waiver. A foreign physician is not precluded from applying for an "O" visa, although he would still remain subject to the two year foreign residency requirement.

Waivers of 2 year requirement.

• Procedure.
• USCIS can grant waiver only after USIA makes favorable recommendation to USCIS.
• Waiver made on Form I-612 when exceptional hardship/persecution waiver.
• If request denied by INS appeal can be made to Assoc. Commissioner, when not based on unfavorable USIA recommendation.
• Basis for waiver:
• Possible Persecution - "Would be subject to persecution on account of race, religion or political opinion."
• Exceptional Hardship - Departure from U.S. would impose exceptional hardship on USC/LPR spouse or child.
• No objection waiver.
• Request by U.S. Agency.
• International Medical Graduate. A FMG may obtain a waiver through a recommendation issued by an interested state or federal agency interested in facilitating the physician's employment in a designated medically undeserved area.
• Nationals of the People's Republic China are granted a blanket waiver of the two year foreign residency requirement as a result of Executive Order 12711 issued on April 11, 1990.

NOTE: Third Country Residency. Cannot meet 2 year requirement by residency in third country. Must return to country of nationality or last residence, whichever is last. To rely on place of equivalent of permanent residence.