Other Nonimmigrant Visas (NIV)

3. Those whose exchange programs involve graduate medical education or clinical training. The requirement is fulfilled by the alien's return to, and actual physical presence in, the home country for a period of two years; this presence may be cumulative and not continuous. The "home country" is defined as the country of nationality, or the country where the alien last had a residence.

Waivers of the two-year home country physical presence requirement:

• Exceptional hardship to a United States citizen or permanent resident alien spouse or child.
• Persecution to the exchange alien on the basis of race, religion, or political opinion.
• Recommendation of a waiver based on its being in the national interest by an interested government agency, including a state public health department.
• 'No Objection' Statement: Not available to a foreign medical graduate engaged in graduate medical education or training.
  

The two-year home residence requirements also applies to any J-2 spouse or dependent who accompanied or followed the J-1 to the United States during the exchange program that subjected the J-1 to the requirement.