Many scholars, researchers, students or trainees on J-1 Waiver visas find that they must contend with a 2-year home residence requirement that no longer fits their plans. The 2-year home residence requirement is normally attached to the J-1 or J-2 visa (for spouses and children) status either because the individual’s skills are on the individual’s home country skills list or because he/she has accepted U.S. or foreign government funds.
We often see cases where a 2-year home residence requirement has been imposed in error. In almost all cases we are able to secure either an advisory opinion indicating that the 2-year home residence requirement was in error or a waiver. We have developed particular expertise in obtaining a waiver through an Interested Government Agency as well as the No-Objection letter from the home country. Although waivers for Fulbright Scholars are becoming increasingly difficult, we have been successful with certain countries.