Waiving the 2-year residence requirement
The J-1 Visa is a non-immigrant visa issued to exchange visitors participating in programs promoting cultural exchange. Under INA §212(e), J-1 visa holders might be required to fulfill a two-year foreign residence requirement in their home country after their program in the U.S ends. A large proportion of physicians who enter the United States to pursue graduate medical training uses the J-1 visa.
A J-1 physician subject to the two-year home residence requirement may not obtain an H-1B visa, an L-1 visa, change non-immigrant status within the U.S., nor adjust status to permanent residency or obtain an immigrant visa without first returning to their country and spending a total of two years abroad.
Individuals can apply for a waiver of this requirement based on several grounds. Physicians are eligible for a waiver based on persecution, a waiver based on exceptional hardship to the physician’s U.S. citizen or permanent resident spouse or child; or one based on the favorable recommendation of an interested U.S. government agency (IGA). These are generally available only to physicians who providing clinical medical services to an underserved population for at least three years.