Two-Year Home Residency Requirement

Certain categories of exchange visitors are subject to the Two-Year Home Residency Requirement under the Immigration and Nationality Act (INA Section 212(e)) and must return home for two years after completing their J-1 program.

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;
The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);
The exchange visitor entered the United States to receive graduate medical education or training.

If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or her status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers can be obtained under five separate bases: No Objection Statement, Exceptional Hardship or Persecution, Conrad Program, or Interested Government Agency. For information, see Waiver of the J Visa Two-Year Foreign Residence Requirement 212(e).

Individuals that hold a derivative dependent J-2 status are also subject to INA 212(e). An exchange visitor who is subject to the requirement is not permitted to change to any other nonimmigrant status within the U.S. Individuals can write to the U.S. Department of State and request a formal advisory opinion on the applicability of the requirement.