International Students and Scholars Office

Waivers and Advisory Options

Waivers of Residency Requirement

Many J-1 visa holders must return to their home countries upon completion of their appointments for a minimum of two years to fulfill the two-year home residency requirement of the visa. The International Students and Scholars Office (ISSO) can predict whether an appointee is likely to become subject to this requirement, which is based on the appointee's country of legal permanent residence and on the source of the appointee's funding, but the State Department makes the final determination. A J-1 exchange visitor who is subject to the requirement may not change to an H-1B visa, L visa, or permanent residence (i.e. Green Card) without fulfilling the home residency requirement, or arranging for a waiver (a process which can sometimes take up to nine months to complete). Information about waivers of the two-year home country physical presence requirement is available on the U.S. Department of State website.

Advisory Opinions

An advisory opinion is a request to State Department's Waiver Review Division as to whether you are subject to the two year home residency requirement or not. You should only request an advisory opinion after you have discussed your J status with the ISSO. The Advisory Opinion request should include a cover letter explaining why you believe you are not subject to the two year home residency requirement, legible copies of all your DS-2019 or IAP-66 forms, copies of all of your J-1 visa stamps from a U.S. embassy (except for Canadian citizens) an in some cases evidence of the funding you have had during your time on the J-1 visa.