Overview
The two year home residency requirement, hereafter referred to as 212(e), requires some J-1 Exchange Visitors to return to their home country or country of residence for a minimum of two years.
Subject to 212(e)
J-1 Exchange Visitors may be subject to the 212(e) if:
- You received government funding from U.S. or home country (ex. Fulbright)
- Country and major (field) is on U.S. Department of State’s Skills List
Fulfilling 212(e)
J-1 Exchange Visitors can only fulfill the 212(e) requirement by returning to their home country or country of residence for an aggregate of 2 years. J-1 Exchange Visitors must have finished their J-1 program and departed U.S. before they can accrue any time toward fulfilling their 212(e) requirement.
J-1 Exchange Visitors subject to multiple 212(e) requirements can fulfill all 212(e) requirements concurrently, provided country of residence is the same for both 212(e) home residency requirements.
ISSO recommends keeping records of any time spent in home country that would count toward 212(e) fulfillment. Records can include: flight records/itineraries, passport stamps, utility and rent receipts, employment records, etc.
Consequences of 212(e)
J-1 Exchange Visitors subject to 212(e):
- Cannot apply for a change of status from within the U.S.
- Cannot receive an H, K, or L visa/status
- Cannot apply for/obtain citizenship or permanent residence
212(e) Waiver
J-1 Exchange Visitors may be able to apply for a waiver of 212(e). More information can be found on the U.S. Department of State Waiver webpage.
Once the U.S. Department of State has issued a favorable 212(e) waiver recommendation, J-1 Exchange Visitors are no longer eligible to extend their J-1 program (Form DS-2019). In addition, some J-1 program sponsors will not accept a J-1 SEVIS record transfer once the U.S. Department of State has issued a favorable 212(e) waiver recommendation. You should consult with your ISSO Advisor prior to requesting a 212(e) waiver to understand the consequences and timeline.
Disclaimer: This Frequently Asked Questions is intended for general information and guidance. Please consult with your ISSO Advisor in the International Students and Scholars Office regarding your individual request.