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Program > Participation
Waivers
Program participants who are subject to the two-year home-country physical
presence requirement, as established by Section 212(e) of the Immigration
and Nationality Act, must apply for a waiver of that requirement if they
seek to remain in the United States beyond the end date of their programs
or if they seek to submit an application to the Immigration and Naturalization
Service for a change in visa status. A waiver may be requested for five
statutory bases: 1) a claim of Exceptional Hardship to a U.S. citizen
or legal permanent resident spouse or child of an exchange visitor if
the exchange visitor is required to return to the country of residence;
2) a claim that the participant will be persecuted due to race, religion,
or political opinions if he/she returns to the country of residence; 3)
a request from an interested US Government Agency on the participant's
behalf; 4) a No Objection Statement from your government; and 5) a request
by a designated State Health Department or its equivalent.
Participants must file an application to receive a recommendation for
a waiver with the Department of State. Please refer to the regulations
for details. [22 CFR 41.63]
Information about waivers may also be obtained from the Department of
State's Visa
Office. The public inquiry line for waivers is (202) 663-1225; fax
(202) 663-3899.
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