The J-1 visa was established for nonimmigrant exchange visitors. This includes students, scholars, trainees, teachers, professors, specialists, foreign medical graduates, international visitors, government visitors, camp counselors, au pairs, and participants in summer student travel/work programs. The purpose of the program is to "promote a better understanding of the United States in other countries, and to increase a mutual understanding between the people of the United states and the people of other countries". Another goal of the J-1 is to transfer knowledge of skills acquired in the United States back to the foreign national's home country.

Certain J-1 exchange visitors participate in programs that are financed in whole or in part, directly or indirectly, by an agency of the U.S. Government or by the exchange visitor's government; or are nationals or residents of a country which have been designated by USIA as requiring the skills of the exchange visitor. These foreign nationals must return to their country of nationality or last residence after completing their program in the United States and reside there physically for two years before they may become eligible to apply for an immigrant or temporary worker visa.

Who is Subject to the Two Year Foreign Residence Requirement?

• Those foreign nationals that are financed by the government of their home country or country of last residence.
• Those foreign nationals financed by the US government.
• Those foreign nationals who have acquired skills which have been determined by the US Information Agency to be in short supply in their home country.
• Exchange programs involving graduate medical education or clinical training.

How Can a Foreign National Obtain a Waiver to the Two Year Foreign Residency Requirement?

• A foreign national can obtain a "no objection" statement from their home country if the are subject to the two year foreign residence requirement due to the `skills list'. This is an official diplomatic communication between the home country and the US Department of State. (Foreign medical graduates and those here for clinical/practical medical training are not eligible for the "no objection" waiver).
• A J visa recipient can claim exceptional hardship on a US citizen or permanent resident alien spouse or child if the alien were subject to the two year foreign residence requirement.
• A foreign national can apply for a waiver based on the fear of being persecuted for their race, religion or political opinion upon return to their home country.
• An interested government agency can petition to have the two year foreign residence requirement waived if the agency believes that it is in the public interest to keep the foreign national in the US for employment or research.
• A state's public health department can request a waiver of the foreign residence requirement for a J nonimmigrant that is a foreign medical graduate.