Fulbright scholars who go to the United States to study travel to the United States on a J-1 visa for visitors through a student exchange program. One of the terms of this visa states that all scholars must return and remain in their home country for two years before they are allowed to immigrate or apply for permanent residency or a work permit in the United States.
Specifically, Fulbright scholars cannot apply for an H or L visa to work in the United States or a green card until they have completed two years of residence in their home country. However, they can apply for an O-1 (or E-1) visa to work in the United States. The O-1 visa refers to individuals with exceptional abilities in the sciences, arts, education, business, and sports, or with outstanding achievements in film and television production. The E-1 visa concerns citizens of treaty countries who are active in trade between their home country and the U.S. (see more here). Essentially, only Fulbright scholars with “exceptional abilities” can claim a work visa in the US without prior residence in their home country.
The two years of stay in their home country can be done in parts after the scholar has completed his stay in the US with a J-1 visa. For example, time spent in the home country during vacations when the scholar has another type of visa (e.g. O-1) in the US can be counted. Time spent in another country cannot be counted – the two years must necessarily be in the home country and not in another country.
Theoretically, there is the possibility of applying for an exemption from the obligation for a two-year stay in the home country (waiver). There are four possible ways to apply for a waiver: 1) No-objection letter (i.e. a letter that the home country consents to the bypassing of the obligation for a two-year stay) 2) Hardship waiver (i.e. an exception because the two-year stay in the home country will cause significant harm to a U.S. citizen relative) 3) Persecution Waiver (i.e. an exception because the applicant is persecuted in their home country due to origin, religion or political beliefs) and 4) Interested Government Agency Waiver (i.e. an exception because a U.S. government agency will suffer harm if the foreign national returns to their home country for two years).
Note that the possibility of an exception from the obligation for a two-year stay in the home country is given extremely rarely and only in exceptional cases. A simple letter that the home country agrees to the waiver of the obligation is not enough – but there must be other, specific elements in order for someone to be exempted from the obligation to stay in their home country for two years. Particularly helpful in these cases is strong political mediation by a high-ranking American politician on the front line. It is also helpful if there are special circumstances that prevent the two-year stay in the home country, such as health problems that require a stay in the US or relatives who are American citizens with severe disabilities who are completely dependent on the foreigner with the obligation to stay for two years. In other words – it is difficult to exempt someone from the obligation to stay in their home country for two years.
