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Another function that figures in discussions and deliberations of the Committee is the grant of waiver on the two-year home-country physical presence requirement under the EVP. There are premises that have to be considered in order to fully understand and appreciate the restrictions imposed by the EVP. They are the following:
1. The two-year home-country physical presence requirement is imposed under the EVP Rules and Regulation. The restriction, therefore, is part of the contract between the participant and the USIA as the EVP implementor;
2. The issuance of the NOS by the EVP Committee in the Philippines is just one of the five (5) bases for the grant of the waiver of said restriction;
3. The waiver of the restriction is one of the requirements imposed by the Immigration and Naturalization Service (INS) for those applying for a change of visa status from a "J" classification to a permanent residence status or a H-lB status in the U.S. In effect, the NOS issued by the EVP Committee does not automatically guarantee a grant of the waiver of said restriction, and vice versa. Although, the recommendation of the EVP Committee will have a bearing on the final decision, as a general rule, the final decision on whether to grant a waiver rests solely on the INS.
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