EVP Regulations
Under the EVP rules and regulations (22 Code of Federal Regulations 514.44), not all exchange visitors are subject to the two-year home-country physical presence requirement. This requirement only applies to the following:
- Those whose participation in the program for which he came to the U.S. was financed in whole or in part, directly or indirectly, by an agency of the U.S. government or by the government of the country of his nationality or last permanent residence;
- Those who, at the time of admission or acquisition of the exchange visitor status was a national or a resident of a country which the director of the USIA designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged (this refers to the exchange visitors skills list); or
- Those who came to the U.S. or acquired exchange visitors status in order to receive graduate medical education or training. The EVP rules further provide that the "J-2" dependent spouse and children are subject to the two-year home-country physical presence requirement if the "J-1" principal participant is subject to that requirement (pg. 9-54 of the Adviser's Manual of Federal Regulations Affecting Foreign Students and Scholars Association of International Educators).
The EVP rules further provide that the "J-2" dependent spouse and children are subject to the two-year home-country physical presence requirement if the "J- 1" principal participant is subject to that requirement (pg. 9-54 of the Adviser's Manual of Federal Regulations Affecting Foreign Students and Scholars Association of International Educators).
