Bars
Twelve Month Bar
Any individual who has been in the United States for more than six months in the previous year in J-1 status is not eligible to enter the United States as a J-1 exchange visitor in the research scholar or professor categories for a 12-month period. Time spent in the J-1 short-term scholar category does not count towards the 12-month bar. Individuals subject to the 12-month bar may return to the U.S. with another visa type or as a J-1 in another category such as short-term scholar or student. Return as an H-1B temporary worker, however, would not be possible if subject to 212(e) as explained below.
Twenty-Four Month Bar on Repeat Participation
When an exchange visitor arrives in the United States in J-1 status in the research scholar or professor category a 5-year eligibility "window" opens. When the program ends the exchange visitor becomes subject to a 24-month bar on repeat participation as a J-1 exchange visitor in the research scholar or professor categories. This is true even if the program is less than 5 years in length. This 24-month bar means that the exchange visitor will not be able to start a new research scholar or professor program at any institution in the United States until two years have passed from the completion date of the previous program. Those two years may be spent outside the United States or in the United States in another immigration status. Return as an H-1B temporary worker, however, would not be possible if subject to 212(e) as explained below.
Two-Year Home Country Physical Presence Requirement or "212(e)"
What is 212(e)?
When a J-1 Exchange Visitor (EV) agrees to participate in an Exchange Visitor Program and the program falls under the conditions explained below, the EV will be subject to the two-year home-country physical presence (foreign residence) requirement. This means the EV will be required to return to the EV's home country for two years at the end of the exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act.
Which Exchange Visitors would be subject to 212(e)?
Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home-country physical presence requirement if the following conditions exist:
- Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
- Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;
- Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.
How does 212(e) affect an Exchange Visitor?
Restrictions - When exchange visitors are subject to the two-year home-country physical presence requirement they must spend at least 730 full days in the country of permanent residence listed on their Form DS-2019 after the conclusion of their J-1 program before they can do any of the following:
- Change status while in the United States to the nonimmigrant categories of temporary worker (H) or intracompany transferee (L);
- Adjust status while in the United States to immigrant visa/lawful permanent resident status (LPR);
- Receive an immigrant visa at a U.S. Embassy or Consulate; or
- Receive a temporary worker (H), intracompany transferee (L), or fiancé (K) visa at a U.S. Embassy or Consulate.
Is there an alternative to spending two-years in the home country?
If the EV is not able to fulfill the home country presence requirement, the EV may be able to apply for a waiver.