Home Residency Requirement 212(e)

The intent of the Exchange Visitor Program is for the home country to benefit from the J-1 Exchange Visitor’s experiences in the U.S. Accordingly, J-1 Exchange Visitors and their accompanying J-2 dependents may be subject to a two-year home residency requirement.

The 212 (e) home residency requirement mandates that certain J-visa holders return to their country of nationality or last residence for an aggregate of two years after departure from the U.S., before applying for permanent residence or an H or L visa or for a change of status inside the U.S. to most other non-immigrant classifications.

Who does this apply to?

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 on the exchange program is on the Exchange Visitors Skills List for the J-1 Exchange Visitor’s home country
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

What does this requirement mean?

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.

What restrictions do I have?

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)

How do I know if I am subject to this requirement?

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.

Can the requirement be waived?

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.

J-1 Students

Disclaimer: The information contained in this website is provided by Visa and Immigration Services as a service solely to the international students and scholars of Stony Brook University. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in this handout. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be considered legal advice or used as a substitute for the advice of competent counsel.

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