212e: Two-Year Home Country Physical Presence Requirement

Builder's Note

This information pertains to both J-1 students and scholars, but resides in the J-1 student section. If you are a J-1 student directed to this page, you will want to return to the J-1 student overview.

Some  (and their J-2 dependents) are subject to a based on Section 212(e) of the Immigration and Nationality Act.

Conditions for the Requirement

An exchange visitor is subject to the two-year home residency requirement if one or more of the following conditions applies:

  • Specialized Knowledge or Skill: The expertise associated with the J-1 program field is needed in the home country and identified on the .
  • Government Funding: The exchange visitor participates in a program that was financed in whole or in part, directly or indirectly, by an agency of the United States government or by the government of the country of their nationality or of their last legal permanent residence.
  • Graduate Medical Education or Training: The exchange visitor entered the U.S. to receive graduate medical education or training;
  • J-2 Dependent of a J-1 Exchange Visitor Subject to the Requirement

If an exchange visitor has ever been subject to the requirement in the past, and has neither obtained a waiver nor fulfilled it by spending two years in the home country, it still holds even if a more current Form DS-2019 or visa reflects no basis for such a requirement.

Impact of the Requirement

Exchange visitors subject to 212(e) are not eligible for:

  •  in the United States from J-1 status to another nonimmigrant status;
    • A (diplomatic)
    • G (international organization)
    • T (victim of human trafficking)
    • U (victims of qualifying criminal activity)
    • H-1B for J physicians receiving waivers on the basis of the recommendation of a state or federal agency interested in facilitating the physician's H-1B employment in a federally designated shortage area;
  •  in the United States to immigrant visa/lawful permanent resident status (LPR);
  • Receive an immigrant visa ("green card" visa) at a U.S. Embassy or Consulate; or
  • Receive a temporary worker (H), intracompany transferee (L), or fianc茅 (K) visa.

*For Canadian citizens there are slightly different rules. Please contact ISSS for more information.

Fulfilling the Requirement

Exchange visitors subject to 212e can fulfill the requirement by:

  • Returning to their country of nationality or last legal permanent residency for at least two years; or
  • Obtaining a

Preliminary Endorsements & Advisory Opinions

The visa stamp in your passport and/ or your DS-2019, may indicate whether or not you are subject to the home residency requirement. On occasion these documents may be marked inconsistently.

If you are unsure of whether the two-year home residency requirement applies to you, you may seek an from the Department of State. You may also consider consulting an immigration attorney.

Applying for a Waiver of the Requirement

Please consult the for information about filing a waiver. Waiver applications are the responsibility of the exchange visitor subject to the requirement. Questions related to the waiver process should be directed to an immigration attorney and the .

Please note, once an Exchange Visitor receives a U.S. Department of State recommendation for a , they are no longer eligible for an extension of the J-1 Exchange Visitor program nor a J-1 Exchange Visitor transfer. If an Exchange Visitor has a waiver application pending with the U.S. Department of State Waiver Review Division, then it is likely that they will need to update their pending waiver application with the new DS-2019 form that we will issue them. Exchange Visitors are encouraged to contact the DOS Waiver Review Division to determine how they should proceed.