| US Immigration law is a constantly evolving body of | | | | pick up new skills (technical or otherwise), and travel |
| jurisprudence. As a result, new visa categories are | | | | back to their country of origin in order to disseminate |
| often a consequence of new immigration regulations. | | | | the newly acquired skill, learning, technical knowledge, |
| The J1 visa was brought about by the provisions of | | | | and/or cultural experience. Providing an outlet for |
| the US Immigration and Nationality Act. The J-1 visa is | | | | American cultural exchange is often one of the |
| used as a tool of cultural exchange between the USA | | | | primary reasons for granting the J-1 Visa and stifling |
| and foreign nations. That being said, it can also impose | | | | that exchange would often go against the reason for |
| a bar upon reentry to the USA called the foreign | | | | the original J-1 visa application's approval. |
| residence requirement. | | | | It may be possible to obtain a non-immigrant visa (like a |
| At this time, the relevant portions of the American | | | | B-1 Business Visa or a B-2 Tourist Visa) to the United |
| Immigration and Nationality Act stipulate that aliens | | | | States during the two year foreign residence |
| entering the USA on a J1 visa, if paid for by public | | | | requirement, but each day that the former J-1 holder is |
| funds, will have a 2 year foreign residence requirement | | | | in the USA the 2 year restriction will be tolled. As a |
| imposed upon them after the J1 expires. As a practical | | | | result, time spent in the USA on a B-2 visa during the 2 |
| matter, this results in a situation where the J-1 conferee | | | | year foreign residency requirement won't accrue with |
| is unable to return to the USA on any intending | | | | regard to fulfilling that requirement. |
| immigrant visa.) subsequent to having finished the | | | | In certain situations, a waiver of the foreign residency |
| Exchange program. | | | | requirement can be acquired where an applicant has |
| The policy argument for enforcing the strict 2 year | | | | gotten a previous J! and now wishes to go to the US |
| requirement is based upon the notion that the J-1 | | | | on an immigrant visa. A Waiver of the Foreign |
| non-immigrant was able to enjoy the use of public | | | | Residence requirement is not easily acquired because |
| funds in order to gain experience for use in the | | | | one must obtain a dispensation from both the |
| non-immigrant's nation of origin. Further, the policy | | | | foreigner's government and the American government, |
| reason behind granting use of these funds is based on | | | | neither of which are enthusiastic about granting such a |
| the idea that non-immigrants should come to the USA, | | | | reprieve. |