/Office of Global Affairs
Visa and Immigration Services

Two-Year Home Residency Requirement (INA 212(e))

The J-1 Exchange Visitor Program is designed to promote the sharing of knowledge and skills between countries. In some cases, you may be required to return to your home country after completing your program. This is called the two-year home residency requirement, also known as INA 212(e).

If this requirement applies to you, it also applies to your J-2 dependents.

What the Requirement Means

If you are subject to INA 212(e), you must:

  • Return to your country of nationality or last legal permanent residence

  • Be physically present there for a total of two years

You must complete this requirement before you are eligible for certain immigration benefits in the United States.

Who Is Subject to 212(e)?

You may be subject to the two-year home residency requirement if one or more of the following applies:

  • You received funding (in whole or in part) from:

    • The U.S. government

    • Your home country government

    • An international organization

  • Your field of study or research appears on the Exchange Visitor Skills List for your country

  • You participated in graduate medical education or training

  • You are a J-2 dependent of a J-1 scholar who is subject to this requirement

Department of State Exchange Visitor Skills List

Restrictions While Subject to 212(e)

If you are subject to this requirement and have not yet completed it or received a waiver, you are not eligible for:

  • H-1B (temporary worker) status

  • L (intra-company transferee) status

  • K (fiancé(e)) visa

  • Adjustment of status to permanent residence (green card)

  • Change of status within the United States to most other visa categories

You may only change status within the United States to:

  • A (diplomatic) or
  • G (international organization) status

How to Determine If You Are Subject

You can check whether you are subject to INA 212(e) by reviewing:

  • Your J-1 visa stamp in your passport

    • Look for a statement indicating whether the two-year rule applies

  • Your Form DS-2019

    • Check the “preliminary endorsement” section

These notations are helpful but may not always be final.

Requesting an Advisory Opinion

If you are unsure whether the requirement applies to you, you may request an Advisory Opinion from the U.S. Department of State.

An Advisory Opinion provides a determination of your 212(e) status.

Department of State - Advisory Opinion Page

Can the Requirement Be Waived?

In some cases, you may apply for a waiver of the two-year home residency requirement.

Common waiver options include:

  • A No Objection Statement from your home country’s government

  • Other eligibility categories based on specific circumstances

For detailed information about waiver options and the application process, review guidance from the U.S. Department of State.

Department of State - Visa Waiver Page

Important Reminders

  • The requirement applies to both you and your J-2 dependents

  • You must complete the requirement or receive a waiver before applying for certain U.S. immigration benefits

  • Always confirm your status before making immigration plans