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Two-Year Residency Requirement
 

As a former exchange visitor, you may not be issued a fiancé(e), temporary worker or intra-company transferee visa until you have resided and been physically present in your country of nationality or last country of residence for at least two years following the completion of your exchange visitor program if one or more of the following exist:

  • The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence.
  • The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II).
  • The exchange visitor entered the United States to receive graduate medical education or training.

If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement.