The J-1 Exchange Visitor Program is administered by the U.S. Department of State. Under certain circumstances, exchange visitors (both students and scholars) are subject to the “Two-Year Home Country Residence Requirement,” also known as “212(e),” which obligates you to return to your country of citizenship or last legal permanent residence for an aggregate period of at least two years upon completion of their program. [Code of Federal Regulations 22 514.31(a) (1)] For more information go here.
This requirement is imposed upon the J-1 exchange visitor under one of the following circumstances:
- Funding from (directly or indirectly) by the U.S. government or home country government.
- Exchange Visitor Skills List: The scholar’s country is defined as country of citizenship or last legal permanent residence at the time they acquired J-1 status.
- Graduate of a foreign medical school participating in an internship, residency, or clinical training program sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG).
The U.S. Consulate will note your 212e subjectivity on the lower left of your DS-2019 and your J-1 Visa Stamp.
An exchange visitor who is subject to the requirement cannot change visa status to an H-1B, an L-1, or a U.S. Permanent Resident. You would not be permitted to change to these visa categories inside the United States nor would you be permitted to apply for them at a U.S. Consulate outside the U.S. until the 212e requirement is either satisfied or waived. The 212e requirement also prevents you from changing to any immigration status within the United States, although you may leave the U.S. and re-enter in a new status.
Those subject to the two-year home country residence requirement can return to the U.S. on most other nonimmigrant visa, including a tourist visa.
Waiver Process and Advisory Opinion
You can apply for a waiver of the two-year home residency requirement. Please review the information and make sure to follow the instructions. The waiver application is considered a personal application so ISSS cannot advise on it.
If you do not believe you should be subject or you have conflicting information on your J-1 visa stamp and DS-2019, you may consider submitting an Advisory Opinion with the U.S. Department of State. The waiver application is considered a personal application so ISSS cannot advise on it.