Frequently Asked Questions - Home Residency Requirement

Regarding J-1 HRR Waiver

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

Home Residency Requirement for Second Visa

If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.

Two-Year Home Residency Requirement

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.

J-2 or J-1 with 212(e) HRR converting to F-1 student

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=520

Can a J-2 holder get a HRR 212(e) waiver without J-1?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/XAfykYM-cUQ?t=89

FAQ Transcript: