This requirement stipulates that exchange visitors must reside in their
home country for two years after their exchange before they are eligible
for permanent resident, H or L status in the United States, if 1) their
participation in the program was funded by their home or the U.S. government
or 2) they have skills which are needed by the home country. Exchange
visitors may return to the United States as tourists or students without
first fulfilling the two-year requirement.
Because the administration of ISEP is not funded by the U.S. government,
the DS-2019s issued by ISEP will indicate that you have not received
support from the U.S. government. In the majority of cases, therefore,
the consular officer will indicate in Section II of your DS-2019 (lower
left-hand corner) that you are not subject to the requirement (unless
you are subject for other reasons).
The consular officer's recommendation is a preliminary opinion; final
decisions are made by the State Department. There is a procedure for
obtaining a waiver of the requirement; however, because ISEP believes
that you should return home after your exchange, ISEP will not assist
you in any way in applying for or obtaining this waiver. The State Department
charges a fee for a waiver application.