Overview
The two year home residency requirement, hereafter referred to as 212(e), requires some J-1 students to return to their home country or country of residence for a minimum of two years.
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 or country of residence for an aggregate of 2 years. J-1 student must have finished J-1 program and departed U.S. for 212(e) before they can accrue any time toward their 212(e) requirement.
J-1 students subject to multiple 212(e) requirements can fulfill all 212(e) requirements, 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 can 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 are granted a waiver are not eligible to extend their J-1 program. Further, students are not eligible for Academic Training beyond their program end date if granted a waiver.
Disclaimer: This Frequently Asked Questions 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.