What will make my Exchange Visitor subject?

There are three conditions that will subject an Exchange Visitor to the Two-Year Rule:
-Government funding
-Exchange Visitor Skills List
-Graduate medical education or training

Government Funding          

If Exchange Visitors are funded in whole or in part by their home country’s government they will be subject to the Two-Year Home Residence Requirement. They will also be subject if funded directly by the U.S. government or through a U.S. government grant designated for international exchange. Government grants that do not specify that the funding is for international exchange do not subject an EV to the Two-Year Rule. In such cases departments should mark “( x ) No” under the USC* funding portion of the DS-2019 application.

Subjectivity to the Two-Year Rule is at the discretion of the consul. Departments and potential Exchange Visitors should be attentive when applying for a J-1 entry visa. If Exchange Visitors are employed by their home government and their visa application says “salary” this may be considered government funding. Funding from a national institute could also be considered government funding. It is in the best interest of the Exchange Visitor to take caution when completing the funding portion of the DS-2019 application. Do not list government funding unless the funds are truly coming from the Exchange Visitor’s government.

The Exchange Visitor Skills List    

The Exchange Visitor Skills List is another of the criteria used to determine if an Exchange Visitor will be subject to the Two-Year Home Residence Requirement. It is a compilation of disciplines organized by country. Studying or researching in a field of study which is considered to be scarce in the visitor’s home country will subject the Exchange Visitor to the Two-Year Home Residence Requirement. If a country is not on the Skills List then visitors from that country cannot be subjected to the Two-Year Rule based on the Skills List criteria (but could be subject based on other criterion). To use the Skills List, look up the Exchange Visitor’s country of citizenship. If the field of study is listed under the country heading then the Exchange Visitor will be subject to the Two-Year Rule. If “All fields listed in part I” is printed under the country’s heading you will need to refer to the first part of the Skills List.

The latest (1997) version of the Exchange Visitor Skills List can be found on the Department of State website by clicking here.

Graduate Medical Education or Training  

Exchange Visitors who come to the United States to receive graduate medical education or training will be subject to the Two-Year Home Residence Requirement. Graduate medical education or training generally involves patient care services under the supervision of an attending physician that leads either to an unrestricted state medical license or certification by a specialty or subspecialty board. Programs that consist of observation, consultation, teaching, or research in which there is only incidental or no patient care are not considered graduate medical education and should not subject Exchange Visitors to the Two-Year Rule.

An Exchange Visitor coming to engage in graduate medical education or training must be sponsored by the Educational Commission on Foreign Medical Graduates (ECFMG). For information on how to bring in an Exchange Visitor for graduate medical education or training through ECFMG please contact Cecilia Melendres on the Health Sciences Campus: (323) 442-1841 or cmelendr@usc.edu