Overview
The 212(e) two-year home residency requirement requires some J-1 students to return to their home country or country of residence for a minimum of two years before being eligible for certain other immigration statuses in the United States.
Subject to 212(e)
J-1 students may be subject to the 212(e) if:
- You received government funding from U.S. or home country (ex. Fulbright)
- Country and major is on U.S. Department of State’s Skills List
Fulfilling 212(e)
- J-1 students can only fulfill the 212e requirement by returning to their home country for a cumulative period of 2 years or more.
- Time in home country can only begin accruing after the J-1 program is completed.
- J-1 students subject to multiple 212(e) requirements can fulfill all 212(e) requirements simultaneously, 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). Records may include: flight records, passport stamps, utility and rent receipts, employment records, etc.
Consequences of 212(e)
J-1 students subject to 212(e):
- Cannot apply for a change of status from within the U.S.
- Cannot receive an H, K, or L visa
- Cannot apply for citizenship or permanent residence
212(e) Waiver
J-1 students 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.
J-1 students who have applied for or are granted a waiver of their 212(e) requirements are not eligible for a further extension of their J-1 program (including Academic Training beyond their current program end date).
Disclaimer: This page is intended for general information and guidance. Please consult with an International Student Advisor in the International Students and Scholars Office regarding your individual request.