2 year Home Residence Waiver Requirements for J1 Visas
Each year numerous researchers and professors come to the U.S. under the J-1 non-immigrant status. The J-1 Exchange Visitor category is widely used by many institutions of higher learning as well as research organizations. In certain circumstances, researchers and professors are required to return to their home country and remain there for two years before they become eligible to adjust their non-immigrant status in the U.S. or obtain a green card status. This is frequently known as the two year rule. The rule does not apply to all visitors under the exchange program. Researchers and professors may also be able to take advantage of alternate options for living and working in the United States. Under certain circumstances, the two year home rule may be waived.

When the Requirement Applies
There are only three situations in which the two year home residence requirement applies. Under the first situation, the exchange visit would be directly or indirectly financed by either the government of the foreign country or the U.S. government. In the second situation, the exchange visitor participates in a field which has been designated by their government as being within short supply within that particular country. In the third circumstance, the exchange visitor will have come to the U.S. for the purpose of receiving graduate medical training or education, such as participating in a fellowship or residency program. It should be noted that an individual who comes to the U.S. as the child or spouse of an exchange visitor will be subjected to the two year requirement only if the exchange parent or spouse is subject. Some researchers or professors may need to obtain a waiver for the two year residence requirement as a way of continuing their career in the U.S. There are four different methods that can be used for obtaining such a waiver. A no objection statement may be obtained from the exchange visitor's home country. If the exchange visitor were to return to their home country for years and it is found that this would impose a hardship on certain relatives, a waiver may be issued. If the exchange visitor would be persecuted if they returned to their home country, a waiver may also be issued. A waiver might also be granted if a request is made by an Interested Government Agency.

Request for a Case Number
All waiver applications are required to begin with a request for a case number from the State Department. The waiver case number must be issued to the organization that makes the request for the waiver. For instance, if the basis of the waiver is a no objection statement from the exchange visitor's home country's consulate then the number would be provided to that consulate. If the basis of the waiver is a persecution or hardship waiver, then the number would be provided to USCIS. A Data Sheet must be completed and payment made for a J waiver fee. It should be noted that obtaining a waiver for the requirement does not result in providing work authorization or status. As a result, the waiver application must be coordinated with an application that will change the individual's status to either O-1 or H-1B or the individual will need to apply to have their status adjusted and to obtain employment authorization. It can take several months for a waiver to be obtained. Once a waiver recommendation has been obtained, it is not likely that the individual's J-1 status will be extended. It is imperative to take the current processing times for status and waivers to be taken into account or the individual may lose their employment authorization to work as a researcher or professor.