Conditions of Sponsorship: Announcement from USAID RO

This is in reference to AID Form 1381-6, Conditions of Sponsorship.

It has come to our attention that an outdated version of this form is still being used by some Missions and partner organizations. Form 1381-6 was revised in August of 2005 in order to make responsibilities of exchange visitors clearer to them. Specifically, by signing the form, an exchange visitor acknowledges that violation of the two year home residency requirement or certain other conditions of sponsorship will result in a demand for repayment of training costs, penalties, administrative costs and interest.

I have attached the most recent version of AID Form 1381-6. Below, you will find the specific language contained in ADS 252 regarding Conditions of Sponsorship.

Thank you. Jim Nindel

252.3.6 Conditions of Sponsorship (Effective Date: 01/01/2005)

The following essential terms of sponsorship must be followed for all U.S.-based Exchange Visitors (see also ADS 253):

a. Two-Year Foreign Residency Requirement and Waiver:

Section 212(e) of the Immigration and Nationality Act (8 USC 1182) requires that J-1 users reside for a total of 24 months in the respective host country before being eligible to apply for certain types of non-immigrant visas (e.g., H-1 or L-1) or for legal permanent residence in the U.S., (commonly known as a green card). USAID has incorporated this requirement into its own Conditions of Sponsorship for J-1 Visa Holders, AID Form 1381-6. J-1 users may continue to travel to the United States during this 24-month period if the individual holds another type of non-immigrant visa that permits such travel (such as a B-1/B-2, tourist/business visa). Time spent outside the home country is not counted toward fulfillment of the two-year home residency requirement.

All USAID Sponsoring Units or Implementers must inform Exchange Visitors of the two-year home residency requirement, which is specified as a condition of sponsorship, and that the Exchange Visitor's failure to fulfill this requirement may result in USAID seeking recovery of all costs associated with their sponsorship. Exchange Visitor applicants must agree to and sign Conditions of Sponsorship for J-1 Visa Holders, AID Form 1381-6. They must sign this form before potential Exchange Visitors accept USAID sponsorship.

Exchange Visitors may apply for a waiver of the two-year home residency requirement. The Department of State, Waiver Review Division administers the waiver review process. Only the Department of Homeland Security/USCIS has the authority to grant or deny a waiver of the two-year home residency requirement. USAID, as an Exchange Visitor Sponsor, is not authorized to grant a waiver of the two-year home residency requirement, but does provide Program Sponsor Views upon the request of the Department of State, Waiver Review Division. Program Sponsor Views represent the position of the Agency regarding whether or not the waiver should be granted or denied.

USAID considers each waiver request on a case-by-case basis, and provides Sponsor Views accordingly. For Exchange Visitors traveling under the Government Visitor category, USAID will not object to the granting of a waiver of the two-year home residency requirement. If USAID does not object to the granting of the waiver, USAID will not issue a Bill of Collection (see ADS 253).