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Immigration: Immigration Info for Faculty and Scholars

J-1 Exchange Visitor Visa: Two Year Foreign Residence Requirement--subject to 212(e)

If you have been affected by a provision referred to as the two-year home country residence requirement, 212 (e), and would like to request a waiver of such requirement, please visit the Visa Waiver section of the Department of State website.

Being subject to the two-year home country residence requirement means that after completing your J-1 program in the United States, as outlined in Form DS-2019 form, you are expected to return to your home country for a period of two years. You must comply; otherwise you will not be permitted to apply for an H or L visa, or permanent residency status. Those people planning to return home for at least a two-year period after completing their J-1 program need not worry. However, you should still be aware that this requirement was imposed on you.

The Two-Year Home Country Residence Requirement usually applies to:

  • Exchange Visitors whose programs are financed in whole or in part, directly or indirectly by the U.S. Government or the government in their home country.
  • Exchange Visitors whose country and field of specialized knowledge (skill) are listed in the "skills list" publication of the U.S. Department of State.
  • Exchange Visitors who are receiving graduate medical education or training.

You can apply for a waiver of the two-year home country residence requirement based on one of the following: 

  • No Objection Statement
  • Exceptional Hardship
  • Interested Government Agency
  • State Health Agency Request

Applications for waivers are most often based on the No Objection Statement. A No Objection Statement is obtained from your home consulate or embassy. If for some reason you do not feel confident that your home consulate or embassy will issue you a No Objection Statement, then you should consult with an immigration attorney for advice on any of the other categories mentioned above. He/she may suggest a more effective strategy specific to the particulars of your situation.