USCIS issues guidance on foreign residence requirements for Exchange Visitors

On October 24, 2023, U.S. Citizenship and Immigration Services (USCIS) published updated guidance that is effective immediately to clarify how USCIS determines whether a foreign national has satisfied the two-year home residency requirement as a J-1 Exchange Visitor. Participants in the J-1 visa program who have a two-year home residency requirement must either apply for a waiver or return to their country of last permanent residence for an aggregate of two years before being eligible for certain immigration benefits, including a green card, H-1B, L-1, or K-1 visas.

USCIS will assess whether an exchange visitor has met the two-year home residency requirement by a “preponderance of the evidence” standard. USCIS also clarified that it will count a fraction of one day in the country of nationality or last residence towards the two-year home residency requirement. Situations in which it is impossible for an exchange visitor to return to their country of nationality or last legal residence will be decided on a case-by-case basis in consultation with the Department of State. USCIS also provides clarification on the exceptions to the requirement that a foreign medical graduate obtain a contract from a healthcare facility in a medically underserved area when seeking a waiver of the two-year home residency requirement.