What is the Two-Year Home Residency Requirement?
The two-year home residency requirement (or 212(e), as it is referenced in the immigration regulations) means that those who come the U.S. in J-1 status cannot become permanent residents in the U.S., change status in the U.S., or obtain employment or family-based immigration status such as H, L or K until they return to their country of last permanent residence for at least two years cumulatively or apply for a waiver of the requirement.
To confirm whether your participation is subjected to 212e, you can review your DS2019 and/or visa for the determination.
Who is subject?
Those in J-1 status (and their J-2 dependents) can become subject if any of the following apply to the J-1 program:
1) If the J-1 receives funding from the U.S. government, home government or an international organization to use for the J-1 program.
2) If the J-1 worked or studied in a field that appears on the "skills list." This is a list of fields of specialized knowledge and skills that are needed in the J-1's country of last permanent residence for its development.
3) If the J-1 participated in a graduate medical training program in the United States under the sponsorship of the Educational Commission for Foreign Medical Graduates.
If you are unclear whether you are subject to 212e, you can request an official "advisory opinion" from the U.S. Department of State.
Waiving the Requirement
You may be eligible to waive this requirement if you received funding from your home government or an international organization, or are subject based on the skills list. For detailed information on the waiver process, visit the State Department website’s section on waivers.
We recommend discussing your intentions of obtaining a waiver with your OIA adviser, before your apply, because there are timing and status implications to be considered. It is our understanding that if any participation in a government sponsored J-1 program, such as Fulbright, or received U.S. government funding for your J-1 program it is unlikely a waiver will be granted.
J-1 Exchange Visitor participants can be subjected to the two-year home residency requirement multiple times/for each program they participate in. If you are subjected more than once, it will be required to satisfy each requirement separately, or apply for a waiver of each requirement.
What is the Two-Year Repeat Participation Bar?
Participants in the J-1 Research Scholar and Professor categories are subject to a two-year repeat participation bar. This means, following the completion of their initial J-1 Research Scholar/Professor program, participants are not eligible to participate in another Research Scholar or Professor program for two years.
This regulation applies ONLY to these two J-1 categories and has no effect on eligibility for any other visa category or status. For example, it does not apply to Exchange Visitors in the "Short-Term Scholar" and "Student" categories. This regulation is not indicated on the visa stamp or DS-2019 form and is not the same as the two-year home residency requirement. Finally, this requirement cannot be waived.