When you agree to participate in an Exchange Visitor Program and your program falls under the conditions explained below, you will be subject to the two-year home-country physical presence (foreign residence) requirement. This means you will be required to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act.

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:
• Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
• Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;
• Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.
Restrictions - When you, as an exchange visitor are subject to the two-year home-country physical presence requirement, you must return to your home country for a cumulative total period of at least two years before you can do any of the following:
• Change status while in the U.S. to the nonimmigrant categories of temporary worker (H) or intra company transferee (L);
• Adjust status while in the U.S. to immigrant visa/lawful permanent resident status (LPR);
• Receive an immigrant visa at a U.S. embassy or consulate; or
• Receive a temporary worker (H), intracompany transferee (L), or fiancé (K) visa at a U.S. embassy or consulate.

Waiver of Two Year Home-Country Physical Presence Requirement - If you are not able to fulfill the home country presence requirement, you may be able to apply for a waiver.