What is the Foreign Residence Requirement?

This is a requirement for certain nonimmigrants (J-1 status) who participate in the Exchange Visitor Program to depart from the United States and live in their country of residence for two years before they are allowed to change to a new nonimmigrant status, or to apply for an immigrant visa or permanent residence. The Exchange Visitor Program seeks to promote peaceful relations and mutual understanding with other countries through educational and cultural exchange programs, which is why many participants are subject to this requirement that they return to their home country to share with their countrymen the knowledge, experience and impressions gained during their stay in the United States.

Am I Subject to the Foreign Residence Requirement?

You are subject to the foreign residence requirement, if you are a (J-1 visa status) participant in the Exchange Visitor Program and:

·         Any part of your participation in the exchange program was paid for, directly or indirectly, by your government, the United States Government, or an international organization. Your program sponsor should have noted on your IAP-66 (Certificate of Eligibility for Exchange Visitor Status) if your program was paid for directly or indirectly by your government or the United States Government. 

·         You are from a country which is designated by the U.S. State Department as requiring your skills (please see the Exchange Visitor Skill List for more information); or

·         You arrived in the United States on or after January 10, 1977 to obtain graduate medical education or training.

If you fall into one of the above categories, your dependent spouse and child are also subject to the foreign residence requirement. Fulbright Scholars are subject to the foreign residence requirement.

Am I Eligible to Apply for a Waiver?

You may be eligible to apply for a waiver for the foreign residence requirement if:

1.      Your spouse or child is a U.S. citizen or legal permanent resident and you can provide evidence that returning to your country would impose exceptional hardship on your spouse or child.

2.      You cannot return to your country because you would be subject to persecution because of your race, religion, or political opinion.

3.      A U.S. government agency requests a waiver for you because you are engaged in a project of official interest to the agency.

4.      Your country provides a written statement directly to the U.S. State Department stating that your country has no objection to a waiver. However, you are ineligible to receive a waiver on this ground if you came to the United States as a Fulbright Scholar or as an exchange visitor to receive graduate medical education or training.

5.      A state of the United States, through the state office of public health or its equivalent, sponsors you to work as a physician in a health manpower shortage area within the state for three years as a nonimmigrant in H-1B status (temporary worker in specialty occupation). If you are granted the waiver, you must agree to begin your employment with the state within 90 days of receiving the waiver.

How Do I Apply?

If you fall under category 1 or 2...
You must file an USCIS Form I-612 (Application for Waiver of the Foreign Residence Requirement) with the U.S. Citizenship and Immigration Services (USCIS) office that serves that area where you live. Read the entire application carefully and submit the right documents, photos, and fee. Forms are also available by calling 1-800-870-3676, or by submitting an online request to receive forms by mail. Further information on forms, filing fees, and fee waivers is available in Forms, Fees & Filing Locations.  For more details on foreign residence waivers, see Related Links in yellow box above.

If you fall under the category 3, 4, or 5...
Your government, a U.S. government agency, or a U.S. state must apply for a waiver for you.  The government body should apply for the waiver directly to Visa Services at the U.S. Department of State, see Related Links in yellow box above.

How Can I Check the Status of My Application?

If you filed directly with the USCIS.
Contact the USCIS office that received your application, and be prepared to provide specific information (see Checking the Status of My Case).

If a government body applied for you...
You may contact the Waiver Review Division of the State Department's office of Visa Services at 202-663-1600 for automated status information.  For more details, see Status Inquiries and Processing Times.  

How Can I Appeal?

If your application is denied by the State Department or the USCIS, you will receive a letter that will tell you why the application was denied. You will also be told whether you have a right to appeal this decision and how you should appeal. For information on appealing USCIS decisions, see Appealing the Denial of My Petition or Application.

HELP!

• For assistance in your country, contact the nearest U.S. Consulate.
  
  
• In the U.S., you may contact the State Department's Visa Office at 202-663-1225 (or write: U.S. Department of State, Visa Services, Waiver Review Division, 2401 E Street, NW, Washington, DC 20522-0106), or send an email to usvisa@state.gov. Be sure to indicate the general subject of your inquiry on the subject line (e.g., foreign residence waiver), and do not expect an immediate reply.
  
  
• In the U.S., you may also contact your nearest USCIS District Office or Sub Office. This link provides telephone numbers, addresses, directions, office hours, local filing procedures, and more.



• Or, you may call the national USCIS toll-free information service at 1-800-375-5283.
  
  
• You may also want to seek the advice of an immigration attorney.

The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.