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.