USMLEGladiator
ck, CS Finish by Feb09
Topics: 131
Posts: 477
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In addition, many people assume that the affected alien must return to his home country for two years immediately following the completion of the program, and may not set foot in the <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />U.S. during those two years. In reality, the foreign residency requirement bars the alien, for a period of two years, solely from obtaining H (temporary worker), L (intracompany transferee), or permanent residence status in the U.S. The alien may return to his home country and reenter the U.S. in visitor, student or other status. However, any time spent in the U.S. or a third country does not count toward the two-year residency requirement. For example, if an International Medical Graduate (IMG), after finishing a medical residency in the U.S. moves to Canada to avoid the two-year residency requirement and now wishes to re-enter the U.S., he will still be obstructed by the two-year rule.
It also should be noted that 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. However, if the spouse and children never obtained J-2 status, they are not subject to the foreign residency requirement. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
The two year foreign residence requirement may only be satisfied in the country of nationality or last permanent residence as indicated on Form DS-2019. If a citizen of one country and a permanent resident of a second country, you must satisfy the home residence requirement in the country of last permanent residence. These countries must be listed on the DS-2019. If there is an error on the DS-2019, USIA takes the position that INS, not USIA, must correct the error, if the program sponsor will not correct the error. Note that in rare instances, the two-year foreign residency requirement may be waived because of impossibility of compliance where the exchange visitor has lost the home country nationality during the exchange program.
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| bbb
IM Program Coordinator
Topics: 33
Posts: 5,046
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Unless you find a waiver position. Not hard to do, not impossible.
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bbb - trying to combine common sense and humour into realistic answers, but not going to guess on anyone's chances of getting into a position....
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| cadp
Forum Newbie
Topics: 3
Posts: 37
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The waiver is only one side of the solution. Application for the waiver requires that your contry of origin agrees with this, and I know (or at least it used to be 3 years ago) countries like China or India don't. The only thing I don't know for sure is if the J1 for physicians is exempted from this provision. Subscribers to this forum who may have been on J1 during residency and managed to work afterwards can tell us if they had a problem or not with the waiver from this perspective.
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| rockingdoctor
Forum Elite
Topics: 23
Posts: 291
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well, I have never heard of any body from India having to stay here coz of refusal of Indian govt, things may have changed now, but I still think that it is not that big a problem
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