S. 4301: A bill to grant States and Indian Tribes the authority to waive the 2-year foreign residence requirement for educators in rural and Tribal areas, and for other purposes.

This bill allows Governors of States and Tribal governments to request waivers of the 2-year foreign residence requirement for J-1 visa recipients who have job offers to be educators in rural or tribal areas. Generally, J-1 exchange visa recipients are required to return home for at least two years prior to coming back to the U.S. to help prevent that visa from encouraging brain drain. By allowing this waiver, each state would receive up to 30 new H-1B workers each year who are contractually required to work for at least 3 years at the school, without being subject to existing numerical limitations.

Aliens given waivers are authorized to apply for an immigrant visa, green card, or otherwise change status provided they complete 3 years of work.