Two-Year Home Residency Requirement
The J-1 Exchange Visitor Program is designed to promote cultural and educational exchange. In some cases, you are expected to return to your home country to share what you have learned.
Because of this, you and your J-2 dependents may be subject to the two-year home residency requirement, also known as 212(e).
What This Requirement Means
If you are subject to 212(e), you must:
- Return to your country of nationality or legal permanent residence
- Be physically present there for a total of two years after completing your J-1 program
Until you meet this requirement, you cannot apply for certain U.S. immigration benefits.
Who This Applies To
You may be subject to the two-year home residency requirement if any of the following apply:
- You received funding from:
- Your home government
- The U.S. government
- An international organization
- Your field of study or training appears on your country’s Exchange Visitor Skills List
- Your country of citizenship or permanent residence is included on the designated Skills List
- You participated in graduate medical education or training
- You are a J-2 dependent of someone who is subject to this requirement
What Restrictions Apply
If you are subject to 212(e), you are not eligible for the following until you meet the requirement:
- H-1B (temporary worker) visa
- L (intra-company transferee) visa
- K (fiancé(e)) visa
- Adjustment of status to permanent residence (green card)
- Change of status within the United States to most other visa types
You may only change status in the United States to:
- A (diplomatic) status, or
- G (international organization) status
How To Check If This Applies To You
You can review your documents to see if you are subject to the two-year home residency requirement.
Check your J-1 visa stamp
Look in your passport for a statement such as:
“Bearer is subject to section 212(e)” or “Bearer is not subject to section 212(e).”
Check your Form DS-2019
Look at the “Preliminary Endorsement” section in the lower left corner.
If You Are Unsure
If your documents do not clearly confirm your status, you may request an Advisory Opinion from the U.S. Department of State for an official determination.
You may also review the Department of State’s Frequently Asked Questions for additional guidance.