2-Year Home Residency Requirement [212(e)]
The two-year home residency requirement [also referred to as 212(e)] means that those who enter the U.S. in J-1 status must return to their country of nationality (or country of last permanent residence) for 24 months in order to be eligible for any potential immigrant visa.
Exchange visitors can be subject to 212(e) based on:
- Exchange Visitors skills list
- Funding source (such as government funding)
ISSS does not determine if you are subject to 212(e).
- The Two-Year Foreign Residence Requirement will not prevent you from reentering the U.S. with an F-1 student, B-1/B-2 (tourist) or J-1 visa in the future, but it will prevent you from getting H-1B non-immigrant employment or Permanent Residence status unless the 2 year requirement is either fulfilled or waived.
Waiver Request for 212(e)
- If subject to the home residency requirement, it is possible to request a waiver. For more information, see the Department of State's Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement website.
12-Month & 24-Month Bars
- Time spent in the U.S. as a J-1 or J-2 dependent might affect eligibility for future J-1 status in the “Research Scholar” or “Professor” categories. These periods of ineligibility are referred to as the 24-month and 12-month “bars”. The 24-month and 12-month bars are applied only to persons beginning an Exchange Visitor program in the categories of “Research Scholar” and “Professor.” The bars do not affect eligibility for other J-1 categories, such as “Short-Term Scholar”.
- The 24-month bar should not be confused with the two-year home residence requirement (212e). These are two completely different regulations.
- The two-year rule (212e) may apply to visitors in any J category. The 24-month bar only applies to J visa holders who enter the U.S. on the Research Scholar or Professor categories or as a J-2 dependent of a J-1 Professor or Research Scholar.
