Which Foreign Government's Funding Can Trigger the J-1 Two-Year Requirement?

8 C.F.R. §212.7(c) states that the funding ground applies where participation in the exchange program was financed in whole or in part, directly or indirectly, by a U.S. government agency or by the government of the country of nationality or last foreign residence.

USCIS Form I-612 instructions use similar language when describing the foreign-residence requirement.

The exchange visitor's citizenship, nationality, and last foreign residence should be documented accurately when reviewing foreign-government funding.

The relevant country cannot always be determined merely from the place where the person happened to live immediately before filing a later immigration application.

Foreign-government funding can appear as a scholarship, stipend, salary, allowance, grant, or other support connected to participation in the exchange program.

The analysis should trace who supplied the funds and whether an intermediary merely administered money originating with a qualifying government.

A DS-2019 funding entry is important evidence, but underlying award letters, sponsor records, payroll records, and grant documents may provide more detail about the actual source.

If the DS-2019 and the underlying evidence conflict, the discrepancy should be investigated rather than ignored.

The Skills List has its own rules for determining which country's list applies. The government-funding trigger is a separate statutory basis.

A person can be subject because of funding even when the Skills List does not apply.

If the record does not clearly establish which government financed the exchange participation, an Advisory Opinion can ask DOS to determine whether the two-year requirement applies.

The request should include the complete funding history and the records showing nationality and last foreign residence.