1. J-1 VISA IMMIGRATION
A disadvantage of the J visa is that many, but not all, exchange visitors are allowed to enter the US only on the condition that they return to their home country for two years (maybe fulfilled in increments) after their program is completed. Exchange visitors are subject to the two home residency requirement if:
- Obtained money from either their home government or US government;
- Their occupation is listed on the Exchange Visitor Skills List; or
- They are coming to the U.S. to obtain graduate medical education or training*.
The last requirement subjects the physician to the two-year home residency requirement. A physician may be eligible for a waiver of this rule under certain circumstances. The foreign residency requirement attaches not only to the principal alien, but to the spouse and children who are present in the U.S. in dependent J-2 status. The physician's field of practice will dictate what (if any) waiver would be available.