Home Residency Requirement 212(e)

J-1 Exchange Visitors may be subject to the two-year home residency requirement if:

• They received government funding, in whole or in part, directly or indirectly, and for the purpose of exchange, from their home government, the U.S. government or selected international organizations
• The education, training or skill the J-1 Exchange Visitor is pursuing is on the Exchange Visitors Skills List for the J-1 Exchange Visitor’s home country
• The Country of citizenship or Permanent Residence is listed on the designated Country List
• They participated in graduate medical education or training
• They are J-2 dependents of a J-1 Exchange Visitor who is subject to the two-year home residence requirement

If a J-1 Exchange Visitor is subject to the two-year home residence requirement, they must “reside and be physically present” for a total of two years in either their country of nationality or legal permanent residence after the completion of their stay in the U.S. as a J-1 Exchange Visitor.

Until this requirement is met, the J-1 Exchange Visitor is NOT ELIGIBLE for the following:

• H-1B (temporary worker) visa
• L (intra company transferee) visa
• K (fiancé/e) visa
• Adjustment of Status to permanent residence (green card)
• A change of status inside the U.S. to any other non-immigrant classification except A (diplomats and dependents) or G (representative to international organizations)

Evidence of whether or not a J-1 Exchange Visitor is subject to the two-year home residence requirement may be found:

• On the J-1 visa stamp in the J-1 Exchange Visitor’s passport. The phrase: “Bearer (is/is not) subject to section 212 (e). Two-year rule (does/does not) apply” should appear; or
• In the section labeled “preliminary endorsement” in the lower left hand corner of the DS-2019 form.

The EV can also request an advisory opinion - If you're unsure whether the J-1 visa home residency requirement applies  you can request an advisory opinion from the U.S. Department of State. Click here for additional information. 

For additional information, please review the frequently asked questions section of the Department of State’s website.

If you received funding from your home government or an international organization, or are subject based on the skills list, it is often possible to get a waiver by requesting a "letter of no objection" from your home country’s embassy in Washington, DC.

If you received U.S. government funding (such as a Fulbright) it is nearly impossible to get this requirement waived.

For detailed information on the waiver process, visit the U.S. State Department's page on waivers.