Bars
Twelve Month Bar
Any individual who has been in the US for a J-1 program lasting more than 6 months is not eligible to enter the US as a J-1 research scholar or professor for a 12-month period after their DS-2019 end date.
Individuals subject to the 12-month bar may return to the US 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 US in J-1 status in the Research Scholar or Professor category, a 5-year eligibility window opens.
When the program ends, even if it lasted less than 6 months, the exchange visitor becomes subject to a 24-month bar on repeat participation as a J-1 Research Scholar or Professor.
This 24-month bar means the Exchange Visitor will not be able to start a new J-1 Research Scholar or Professor program at any institution in the US until 24 months have passed from the end date of the previous program.
Those two years may be spent outside the US or in the US 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) and their J-2 dependents participate in an Exchange Visitor Program and the program falls under the conditions explained below, the EVs will be subject to the two-year home-country physical presence (foreign residence) requirement.
This means the EV will be required to return to their country for an aggregate of 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 EV is subject to the two-year home-country physical presence requirement if the following conditions exist:
- Government funding - The program in which the EV was participating was financed in whole or in part directly or indirectly by the US government or the government of the EV 's nationality or last residence;
- Specialized knowledge or skill: Skills List - The EV is a national or permanent resident of a country which has deemed the field on their DS-2019 to be specialized knowledge or skill necessary to the development of the country.
- Graduate medical education or training - The exchange visitor entered the US to receive graduate medical education or training;
How does 212(e) affect an Exchange Visitor?
When EVs are subject to 212(e) 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.
See our cautionary statements regarding this option.