J1 Visa: Updated Residency Guidance Issued
USCIS has issued updated its policy guidance on the two-year foreign residence requirement for the J-1visa classification for exchange visitors.
The new guidance clarifies how USCIS determines whether the foreign residence requirement has been met, the evidence a benefit requestor may submit to show compliance with the requirement, and how it considers situations in which it is effectively impossible for the benefit requestor to satisfy the requirement.
In particular, the guidance outlines how officers should count days toward the requirement, specifically, that even a fraction of a day spent in the J-1 visitor’s country of nationality can count towards the residency requirement. Helpfully, the manual also provides examples of the kind of documents applicants can present as proof of their eligibility and calculation, such as employment records, a chart of days spent in the home country, travel receipts and passport stamps. The change is intended to provide greater certainty for businesses and their international employees in respect of the residence requirement.
In addition, an “impossibility” exception to the foreign residency requirement has also been introduced, whereby USCIS will consider on a case-by-case basis evidence of war or civil unrest in the applicant’s home country as an exception to the two-year foreign residence requirement.
The waiver grounds for foreign medical graduates have also been updated, rectifying a previous omission.
The new guidance takes immediate effect.
Need assistance?
NNU Immigration are US visa, nationality & citizenship specialists. For expert advice and support with your J-1 visa application, contact us.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
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- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/