U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance in the USCIS Policy Manual related to the 2-year foreign residence requirement for J nonimmigrant exchange visitors. This update provides details on how USCIS assesses compliance with the requirement, the evidence required to demonstrate fulfillment, and situations where satisfying the requirement may be practically impossible. It also rectifies an omission in the existing Policy Manual content regarding foreign medical graduates' grounds for waivers of the foreign residence requirement, adding this ground and clarifying employment criteria.
This guidance is effective immediately upon publication. The J-1 nonimmigrant classification is for exchange visitors engaged in approved programs in the United States for various educational and professional purposes.