J-1 Exchange Visitor Program

Two-Year Home Residency Requirement: 212(e)

What is the Two-Year Home Residency Requirement?

Upon completion of an Exchange Visitor Program in the United States, certain J-1 Exchange Visitors are required to live in their home country for a period of 2 years before they are eligible to apply for immigrant status (permanent residence - green card) or for H-1B (temporary employment) or L-1 nonimmigrant status (intra-company transfer) .

The purpose of the home country residency requirement is to enforce the return of the Exchange Visitors in order to carry out the educational exchange objectives of the program. Waivers of the residence requirement can be granted under certain circumstances, but such waivers are difficult to obtain. You can read more about this requirement and waivers at the US Department of States website: http://exchanges.state.gov/education/jexchanges/participation/waivers.htm

This requirement does not prohibit a visitor from returning to the U.S. in any other immigration status. For example, if the visitor wishes to return as a tourist or student within the two-year period and meets the requirements for those entries, the two-year physical presence requirement does not prohibit this.

Who is subject to the requirement?

J-1 visitors and their J-2 dependents (legal spouse and children under age 21) who meet at least one of the criteria listed below are subject to this rule:

  • Home Government Funding. J-1 visitors who receive funding directly from their home country's government are subject to the 212(e) requirement. Regional government funding does not apply.
  • U.S. Government Funding. J-1 visitors who receive funding directly from the U.S. government are "subject" to 212(e). Funding received as salary from Florida Tech grants to the department are not considered government funding for this purpose. However, there are some exceptions which include grants that are specifically targeted for international exchange. Fulbright funding is U.S. government funding. 
  • Funding from an International Organization or Bi-National Commission. J-1 visitors who receive funding from International Organizations or Bi-National Commissions (organizations that receive their funding from government sources), such as United Nations, NATO, or the European Community. 
  • The Exchange Visitor Skills List J-1 visitors whose area of specialization has been identified as being in short supply by her/his government of legal permanent residence are considered "subject."   See  the "skills list" (revised version, effective June 28, 2009) for further details.

Are J-2 dependents subject?

If you are a dependent of a J-1 visitor who is subject to the 212(e) requirement you are also subject to this requirement. Please note that J-2 dependents must rely on the J-1 to apply for a waiver of the 212(e) requirement. J-2s may not apply for the waiver separately from the J-1.

When should I see an Adviser?

If you have a question about whether you are subject to the 212(e) requirement, or how and when to apply for a waiver, you should make an appointment to speak with an advisor at the International Student & Scholar Services Office.

  • Do not assume that your visa stamp or DS-2019 have been marked correctly by U.S. government agencies, especially if any of the above "subject" criteria apply. When an advisor feels the assessment has been made in error, a request will be made for an advisory opinion from the U.S. Department of State.
  • Florida Tech's ISSS Office advises that students/scholars not apply for a waiver of the two-year home country physical presence requirement without first discussing the timing of the request with an International Student or Scholar Adviser. Once a "No Objection" recommendation is received from the Department of State, no further extension or transfer of the J-1 program is possible. The Department of State has detailed instructions for application of the waiver of 212(e) at http://travel.state.gov/visa/temp/info/info_1296.html. Fulbright students and scholars very rarely receive waivers.

 

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