Overview
Certain J-1 Exchange Visitors are subject to the two-year home residency requirement, Section 212(e) of the U.S. Immigration and Nationality Act. Those who are subject to this requirement are not eligible to do the following until they have been physically present in their country of last legal permanent residence for at least two years, or received a waiver of the requirement.
- Change to another nonimmigrant visa status (except A, diplomat, or G, representative to an international organization);
- To adjust status to permanent resident; and
- To apply for an H, L, K, or permanent resident (immigrant) visa at a U.S. consulate.
Being subject to Section 212(e) does not prevent you from applying for traveling to the U.S. on other types of visas, such an F-1 student visa or B-1/B-2 visitors visa. However, any time not spent in the country of last legal permanent residence (as indicated on your DS-2019) would not count toward fulfilling the requirement.
Who is subject to the residency requirement?
Government Funding
Exchange Visitors who received any direct funding from either their home government or the U.S. government during their J-1 program. Those who receive indirect government funding through an international organization are also subject. If the indirect government funding was granted to the university and paid to the Exchange Visitor as salary, this does not make the J-1 subject unless the scholar’s name is on the grant or the grant was specifically designed to support international exchange.
Exchange Visitor Skills List
If the Exchange Visitor's occupation or area of specialization is listed as one in short supply in the home country according to the Exchange Visitor's Skills List which is published by the Department of State (DOS), he or she is subject. A J-1 is subject to the version of the list in force at the time he or she entered the U.S. or changed to J-1 status. It can be difficult to determine if the particular area of specialization is in fact included on that list and, in this case, an advisory opinion may be requested from DOS.
In 2024, a revised Exchange Visitor Skills List was published by the DOS, retroactively reducing the number of countries subject to Section 212e based on the Skills List. Contact SISS for more information if this may apply to you.
Graduate Medical Education or Training
Exchange Visitors who come to receive graduate medical education or training, usually consisting of a residency or fellowship program, are subject to the home residence requirement.
How do you know if you are subject to Section 212(e)?
You are subject to Section 212(e) if any of the conditions described in the section above apply to you. Note that your J-1 visa and/or your Form DS-2019 may include notations about 212(e) that indicate whether or not you are subject. However, while these notations are indicative, they are not conclusive as they are only preliminary determinations by visa officers that may or may not be correct. You may be subject even if the visa and DS-2019 indicate that you are not; likewise, you may not be subject even if the visa and DS-2019 indicate that you are. What matters is whether or not any of the above conditions apply to you.
Where there is a potential question or uncertainty about the applicability of Section 212(e) to you, you may request an Advisory Opinion from the Department of State.
Waiver of the Two-Year Home Residency Requirement
A J-1 (or J-2 dependent) who is subject to Section 212(e) may either fulfill the requirement by returning to their country of last legal residence for at least two years, or apply for a recommendation for a waiver. To apply for a waiver recommendation, please refer to the Department of State J Visa Waiver Online page.
If you receive a waiver recommendation from the Department of State, you will be unable to extend your current J-1 program, even if you are eligible for additional time. Please consult with SISS or your J-1 sponsor before pursuing a waiver of the home residency requirement.
Please note: A request for a waiver of Section 212(e) is a personal decision. While SISS advisors can give general information about the waiver process, we are not permitted under the Department of State guidelines to directly assist or support individual J-1 visa holders to obtain a waiver of the requirements. If you need further assistance, please consult with a qualified immigration attorney.
J-2 Dependents and the Residency Requirement
If you are a J-1 exchange visitor and subject to Section 212(e), your J-2 dependents are also subject to the home residency requirement and its limitations. They must either fulfill the requirement or obtain a waiver. If you as the J-1 are waived from the requirement, they are also waived at the same time.