Home Residency Requirement

One of the most important characteristics of the J Exchange Visitor Program is the two-year home residency requirement, also known as the 212(e). This statute requires exchange visitors and their J-2 dependents who are subject to the 212(e) to return to their "home" country once they have completed their exchange program, and remain there for at least two years before being eligible to apply for an immigrant visa, permanent residence, or nonimmigrant H or L visa. This requirement also prevents those exchange visitors and their J-2 dependents from changing their nonimmigrant J status to any other status while in the United States.

There are three ways in which exchange visitors become subject to this rule:

If any part of the exchange program is financed by their government or the U.S. government.
If the skills that the exchange visitor is coming to the United States to develop are in great need in the "home" country or if the skills appear on the U.S. Department of State Exchange Visitor Skills List.
If the exchange visitor comes to the United States to receive "graduate medical education or training".

Scholars are advised to ask the U.S. consulate officer at the time of the visa interview if they are subject to this requirement. Scholars already in the U.S. may review their visa or DS-2019 to determine if they are subject. Please note that sometimes consulate officers fail to note a 212(e) requirement on a J-1’s immigration documents. If in doubt of being subject, an Advisory Opinion from the U.S. Department of State may be requested.

212(e) Waiver

An exchange visitor may request that the two-year home residency requirement be waived. This process usually takes a great deal of time, thus a waiver application should be submitted several months prior to the end date of the DS-2019. Before applying for a waiver, exchange visitors should contact their J immigration advisor at the International Services Center to discuss how a waiver may impact future benefits of their J-1 status. To determine eligibility for a waiver, obtain the online application or review frequently asked questions; please visit this link at the U.S. Department of State website.