11/02/2007. Rules governing J program sponsor sanctions and termination.

1. Who possess skills that have been determined to be in short supply in their own countries; See the Exchange Visitor Skills List.
2. Whose training program is financed in whole or in part by either an agency of the US government or by the government of the alien's home country;
3. Who come to the U.S. to receive graduate medical education or training.

1. Possible Persecution: "Would be subject to persecution on account of race, religion or political opinion."
2. Exceptional Hardship: Departure from U.S. would impose exceptional hardship on USC/LPR spouse or child.
3. No objection waiver: (1) If J country issues a no objection letter regarding J's decision not to return home; (2) Not available to foreign medical graduate (clinic) except if they came to U.S. as J to observe, consult, teach, or do research.
4. Request by U.S. Agency - Initiated by U.S. agency that has interest in case. Must show granting of waiver is: (1) in public interest; and (2) compliance with 2 year return would be "clearly detrimental" to a program/activity of official interest to agency (e.g., NASA, DoD, NIH, DOT).
5. International Medical Graduate - A FMG may obtain a waiver through a recommendation issued by an interested state or federal agency interested in facilitating the physician's employment in a designated medically underserved area.
6. State Agency: The Immigration and Nationality Technical Corrections Act of 1994 provides for a special program to waive the two year foreign residency requirement for foreign physicians who acquire J status or enter as Js before June 1, 2002. The program provides that an "interested" state department of public health or its equivalent may recommend up to 30 waivers per year if the applicant: (1) obtains a no objection letter (if his/her medical education or training was funded by the home country); (2) agrees to accept bona fide full time employment at health facility or health care organization within 90 days of receiving the waiver; (3) practices medicine for a total of 3 years in a shortage area unless the AG determines that extenuating circumstances, such as the closure of the facility or hardship to the alien, would justify a lesser period, in which case the applicant must demonstrate another bona fide offer of employment in a shortage area for the remainder of the 3 year period; (4) does not practice medicine in an area not designated as a shortage area; and (5) fulfills all the terms of the contract with the state health care facility.

• Third Country Residency. Cannot meet 2 year requirement by residency in third country. Must return to country of nationality or last residence, whichever is last. To rely on place of last residence, the residency must be the equivalent of permanent residence.
• Repayment of Funds. Repayment to U.S. or foreign country will not satisfy waiver requirement.
• Temporary absence or second program: If J who is not subject to 2 year residency requirement leaves U.S. temporarily and needs new J visa to return, he returns in same J status.
• If J is subject to 2 year requirement but then switches to J program that is not subject to J requirement - must still meet 2 year requirement.
• Error in documentation - Form noting requirements for J is DS-2019. If incorrect notation by USCIS inspector/examiner or consular officer on DS-2019 it is not binding on government. Must still look at underlying facts.
• Which "skills list" applies? If person is re-entering U.S. to continue program that began prior to March 17, 1997, s/he will be governed by the 1984 skills list. This is also true even if person returns to consulate to renew a visa if the renewal is for a program that began prior to March 17, 1997. Only entry on a new program that began after March 17, 1997 will be governed by the March 17th skills list.
• An extension will likely not be granted if applicant has applied for a waiver of the two year foreign residency requirement. However, an extension of stay can be approved for person who has filed request for § 212(e) waiver but only to duration of the program. Once waiver is granted, applicant can complete duration but cannot get extension.

• The Department of State  will approves transfer through responsible school officials on form DS-2019.
• Change of program category will be denied unless transfer "is clearly consistent and closely related to the participant's original exchange objective." [May grant change from research scholar to student.]
• Period of stay: Different times specified for different fields.

 For DOS guidance on exchange visitor visas, click here »

Spouses and Children (J-2) - also subject to foreign residency requirement. However, if J-1 spouse has fulfilled the 2 year foreign residency requirement the J-2 spouse and children are not subject to it.

1. Professors and research scholars: limit of three years (extension for additional three years only given in "exceptional or unusual circumstances"). This category was amended (as of May 2005)  to extend the duration of program participation for professors and research scholars from three years to five years (and beyond five years for participants in federally-funded research programs - G-7);
2. Short-term scholars: up to six months (Extensions beyond the duration of participation are not permitted);
3. Business/Industrial trainees - 18 months;
4. College and university students:  (Post-Secondary Student - time needed to complete degree + 18 months practical (academic) training. Post Doctoral Degree - degree plus 36 months practical (academic) training. For non-degree students, the authorized stay is up to 24 months.)
5. Teacher: three years;
6. Secondary school students:
7. Specialists: One year;
8. Alien physician: Seven years
9. International visitors: One year;
10. Government visitors: 18 months;
11. Camp counselors:
12. Au pairs: 12/10/07: DOS published a request for comments on proposals to amend Exchange Visitor Program au pair requirements regarding age eligibility and allowing foreign nationals to repeat program participation
13. Summer work travel.