What is the Home-Country Physical Presence requirement?
The home-country physical presence requirement means that an exchange visitor who is within the purview of section 212(e) of the Immigration and Nationality Act must reside and be physically present in the country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States before the exchange visitor is eligible to apply for an immigrant visa or permanent residence, a nonimmigrant L visa as an intracompany transferee, or a nonimmigrant H or L visa as the spouse or minor child of a person who is a temporary worker or trainee or an intracompany transferee.
