Waiver of Physical Presence. Marriage Petition granted even though spouse had phycological condition preventing him from entering the building for the interview. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. A waiver is available for J visa holders who have a credible belief that returning to their home country would result in persecution for their race, religion, or political opinion. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).