2-year Home Residency Requirement
Some J-1 Exchange Visitors are subject to the two year home country physical presence requirement. Being subject means that once the J-1 program is complete the individual must reside and be present in their home country for an aggregate of 2 years to be eligible for certain immigration benefits. If your scholar has this 2-year home residency requirement, then any accompanying J-2 dependents will also have this requirement.
Effects of being subject:
- Not eligible for an immigrant visa or adjustment of status to permanent resident.
- Not eligible for an H, L or K visas.
- Not eligible to change status inside United States from J to any other nonimmigrant category
Note: eligible to return to the U.S. as a tourist or student.
Ways to be subject:
- U.S. Department of State Skills List - home country of permanent residency and field of work are identified by your home government as being in short supply and consequently listed on the U.S. Department of State’s Education Visitor’s skills list».
- Government Funding - receive any direct funding from your home government or a U.S government agency at any point during your J-1 program
- Graduate Medical Training - receiving graduate medical education or training on J-1 visa sponsored by the Educational Commission on Foreign Medical Graduates (ECFMG).
In some instances, you will find the notation: “bearer is (is not) subject to 212(e) home residency rule” on your J-1 visa stamp and a second notation on your DS-2019 form. This notation is not a final determination and in some cases is issued in error. If you think the notation is in error, contact an International Program advisor.
IMPORTANT: it may be possible to waive this requirement, if you wish to do so please make an appointment with an international advisor in International Programs before you begin the waiver process.