The Myth of the Two Year Residency Requirement

It is common knowledge that participants who travel to the United States on a J-1 visa sponsored by USAID are subject to a two year residence requirement at the end of their program. Many people firmly believe this means that a participant cannot leave his/her home country for two years, or cannot return to the U.S. for more training or even for pleasure. This is wrong. Yes, there are restrictions on travel to the U.S., but in fact they are quite minimal.

While in the period of the two year residency requirement, it is perfectly acceptable for former participants to attend more training, visit the U.S. as tourists, or even enter university programs as students. All of these things are allowed and do not require special permission or waivers of any type.

Under the terms of the Information and Education Exchange Act, people who are subject to the two year home residency requirement are not able to enter the U.S. on a type of visa that would allow them to apply for permanent residency. In other words, USAID participants cannot apply for a "green card" (a Permanent Resident Card, which is evidence of status as a lawful permanent resident), or come to the U.S. on a work visa until after they have met the two-year home residency requirement.

ADS-253 reinforces this interpretation by saying, "…J-1 visa users must reside for a total of 24 months in the respective host country before being eligible for H-1 or L-1 non-immigrant visas or for legal permanent residence in the U.S."

Many participants already have valid B-1 (tourist) visas in their passports. According to the State Department, it may be possible for participants to retain their B-1 visa and still be issued a J-1 as well. However please remember that individual consulate offices have wide discretion in interpreting this and may require that a participant surrender the B-1 visa.

USAID resources should not be spent on individuals who do not intend to return home after their experience in the U.S. The two year home residency requirement helps ensure that USAID's investment pays off. The two year home residency requirement does not make a participant a virtual prisoner in his or her own country, nor is a participant always required to surrender a B-1 visa in order to get a USAID J-1. Missions, partners, and especially participants should not feel constrained by the requirement to use a J-1 visa for USAID-sponsored activities in the U.S.