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A brief history of the J-1 Exchange Visitor Program
The “J” Exchange Visitor Program was created
to bring foreign nationals to the United States to gain new
knowledge and ideas, which, upon their return to their home
countries, they would share with their fellow countrymen.
Ideally, this would develop closer ties between their native
countries and the United States. To carry out this goal of
the program, a two-year Home Country Physical Presence Requirement
(HCPPR), home residency requirement or section 212e, as it
often is called, was created. It is an important characteristic
of the J visa that should be understood by all of those in
this visa class.
What is the two-year Home Country Physical Presence
Requirement?
This special characteristic requires certain J visa participants
to return to their last country of citizenship or permanent
residence for two years upon completion of their J exchange
programs. This means that a person in either J-1 or J-2 (dependent)
status subject to section 212e cannot re-enter the U.S. in
immigrant (permanent residency), H or L visa classes until
the two-year requirement has been fulfilled. Furthermore,
these persons cannot change to any visa class while in the
U.S. other than A or G without first fulfilling this requirement.
The foreign national, however, can apply for an F student
or B tourist visa at a U.S. consulate abroad and reenter the
U.S. in that status, but it is important to note that doing
so still does not negate the original requirement.
When does one know that he/she is subject to the
HCPPR?
Usually, the consular officer or the immigration officer
will note on the bottom left corner of the DS-2019 and/or
the J visa stamp in the passport if one is subject to section
212e of the Immigration and Nationality Act. It is, however,
most important to understand that it is not always noted on
these documents. The Department of State has the final authority
to determine whether or not one is subject. Any person in
the following categories is subject to this requirement —
regardless of what is stated on the DS-2019 or visa stamp
in the passport:
1. Those who receive U.S. government funding for exchange
such as Fulbright scholars or National Institutes of Health
fellows.
2. Those who receive foreign government funding for exchange
such as AMIDEAST-Peace Fellows.
3. Those whose skills or training are on a skills list
filed by the home government with the U.S. government.
4. Foreign physicians, regardless of funding or skills,
who receive graduate clinical medical training in the U.S.
under Educational Commission of Foreign Medical Graduates
(ECFMG) sponsorship.
How is one subject to the two-year requirement?
1. Government financing
Those whose participation in the “J” Exchange
Program is financed in whole or in part, directly or indirectly,
by the home government, government of the last country of
legal permanent residence, the U.S. government or an organization
that has received governmental funding specifically for
the purpose of international exchanges are subject (examples:
Fulbright program, USAID, AMIDEAST, LASPAU, etc.).
2. Skills list
Those who already have or will obtain from the Exchange
Program a skill on the skills list of their country of citizenship
or the country of last legal permanent residence are subject.
Foreign governments, not the United States, issue a skills
list to identify persons whom they view as having skills
they want returned to the home country. A copy of the skills
list is available in the OIE-IS.
3. Foreign medical graduates
Those who attended medical school abroad and are in the
U.S. for graduate medical education or training under the
sponsorship of the ECFMG always are subject to the requirement.
Every participant in a J exchange program should note
that when he/she signs the DS-2019, they are stating that
they understand and are willing to comply with the HCPPR,
if it applies.
It is important for those signing this agreement to note
the following:
· Marriage to a U.S. citizen
does not, in any way, release someone from the HCPPR.
· A J-2 dependent’s status
is directly related to the status of the J-1 principal
visa holder. Therefore, if the J-1 is subject to the HCPPR,
then the J-2 also is subject.
· Persons who are subject to
the HCPPR and return home and re-enter the U.S. later
without fulfilling the requirement remain subject to the
requirement.
· Persons who at any time on
any program are subject to the requirement remain subject,
even if they transfer to a program that does not carry
the requirement.
· Persons who are subject remain
so until they have either
1. Gone home for the required time.
2. Obtained a waiver of the requirement. The passage
of years or decades does not negate the requirement,
time spent in another country does not count to fulfill
it, and giving up one’s citizenship and gaining
citizenship elsewhere does not waive it. For example:
Citizen of country “X,” who is subject to
the HCPPR, leaves the U.S. and spends 10 years doing
research in country “Y.” He obtains citizenship
in country Y and loses his citizenship in country X.
He still is subject to the HCPPR from country X and
must return there or obtain a waiver from there before
he can obtain H, L, or Lawful Permanent Resident (“Green
Card”) status in the United States.
For additional information, please refer to Obtaining
a waiver of the two-year Home Country Physical Presence
Requirement (HCPPR) located on this Web site.
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