Frequently Asked Questions - Home Residency Requirement
Rajiv's Response:
Thanks for sharing. People, note, it is a good idea to confirm whether or not you are in fact subject to the HRR. We have been doing that for years in cases where there is a likelihood that you are not subject to HRR. Two typical situations where you may NOT be:
1. No US federal government funding (reinforced by suffix "P" instead of "G" in your program number) and
If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.
In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/XAfykYM-cUQ?t=89
FAQ Transcript: