The U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance regarding the 2-year foreign residence requirement for nonimmigrant exchange visitors (J-1 visa classification).
Some J-1 exchange visitors are required to reside in their home country or last legal residence abroad for at least 2 years before applying for certain visas. USCIS has updated its guidance, effective from October 24, 2023, to clarify how they determine whether the requirement has been met.
This clarification includes counting travel days toward the requirement, addressing cases where compliance is impossible, and specifying exceptions for foreign medical graduates seeking a waiver. The guidance supersedes any prior related guidance.
