There are many categories of J-1 Visa or the Exchange Visitor Visa. One common category of the J-1 visa is the Au Pair Program that allows young, foreign born teenagers, to come to the United States for the purpose of providing child care services to host families in exchange for stipends, room and board and the opportunity to experience live in the United States. The duration of stay for these teenagers ranges from 12 months to up to two years. The question is whether these teenagers can change their status to student visa without the requirement of two year physical residency in their home country.
Generally, J-1 visa beneficiaries are required to return to their home country and spend two years there before returning to the United States on the same or other non-immigrant or immigrant visa status. An exchange visitor is subject to the two-year home-country physical residency if they fall into any of the following categories:
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Government funded exchange program – If the program that brought the alien to the United States was funded by either the United States Government or the alien’s home country government or both, they are subject to the two-year foreign or home country residency requirement.
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Graduate medical education or training – If the exchange visitor came to the United States for graduate medical education or training, he/she is subject to the home-country residency requirement.
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Specialized knowledge or skill – If the exchange visitor came to the United States to acquire training in a specialized knowledge, skill or field that is necessary for the development of the home country, that individual is subject to the two year home-country residency requirement.
The Exchange visitor skills list is a list of specialized knowledge and skills that are deemed necessary for the development of an exchange visitor’s home country. It is used by Consular officers to determine whether an exchange visitor applying for a J visa is subject to home country residency requirement of Section. 212(e) of the Immigration and Nationality Act, as amended.
Based on the foregoing, it would seem that the Au Pair program beneficiaries are not subject to the two year home-country residency or foreign Residency requirement. As such, they should be able to change or adjust their status in the United States.