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Home Residency Requirement

212(e) Two-Year Home Residency Requirement

After completing a J-1 program in the United States, certain exchange visitors are required to return to their home country and be physically present there for a total of two years before they may apply for certain immigration benefits in the U.S. This requirement is commonly referred to as the 212(e) Two-Year Home Residency Requirement.

The purpose of this requirement is to ensure that the exchange visitor’s home country benefits from the skills and knowledge gained during the J-1 program. Not all J-1 exchange visitors are subject to this requirement.

Only the U.S. Department of State can determine whether a J-1 exchange visitor or J-2 dependent is subject to the two-year home residency requirement.

Who Is Subject to the Two-Year Home Residency Requirement?

You may be subject to the two-year home residency requirement if you meet any of the following conditions:

  • You received funding, in whole or in part, from the U.S. government or your home country’s government;
  • Your field of study or expertise appears on the U.S. Department of State’s ;
  • Your purpose in coming to the United States was to receive graduate medical education or training.

Any J-2 dependent of a J-1 exchange visitor who is subject to the two-year home residency requirement is also subject to the same requirement.

How the 212(e) Requirement Affects You

Exchange visitors who are subject to the two-year home residency requirement are not permitted to apply for a change of status within the United States to most nonimmigrant or immigrant statuses.

Individuals subject to 212(e) may not change status within the U.S. to:

  • H visa status
  • L visa status
  • K visa status
  • Permanent Resident (Green Card)

However, being subject to the two-year home residency requirement does not prevent you from applying for other visa types at a U.S. Embassy or Consulate abroad.

For example, a J-1 exchange visitor subject to 212(e) may apply for an F-1 student visa or a B-1/B-2 visitor visa outside the United States. If approved, the new status would become effective upon re-entry to the U.S.

How to Determine If You Are Subject to 212(e)

If you are unsure whether you are subject to the two-year home residency requirement, you may request a formal Advisory Opinion from the U.S. Department of State.

Before requesting an advisory opinion, students are strongly encouraged to consult with OIP to review their documents and discuss potential implications.

212(e) Waiver

Exchange visitors who are subject to the two-year home residency requirement may, under certain circumstances, apply for a waiver of this requirement.

If you are considering applying for a waiver, you should consult with OIP before beginning the waiver process.

Once a waiver recommendation has been issued:

  • You may no longer extend your J-1 program;
  • You may no longer transfer your J-1 sponsorship; and
  • International travel may carry additional risks.

Students are strongly advised to wait until the final year of their J-1 program before applying for a waiver.