Participation in some J-1 Exchange Programs will impose a two-year home residency requirement on the participant and any accompanying J-2 dependents, following the completion of the J-1 program.
Who is Subject to 212(e)?
Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:
- Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
- Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;
- Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. (The skills list is linked below)
What does Being Subject to 212(e) mean?
Being subject to regulation 212(e) only dictates that the J-1 and J-2 cannot do any of the following until they have fulfilled the two year home residency requirement, OR received an approved waiver to the requirement.
- apply for a change of immigration status while in the U.S.,
- apply for an H-1B or an L-1 visa
- apply for and receive Legal Permanent Residence in the U.S.
Please click on the links below for more information about the home residency requirement, and the waiver application process.