Two-Year Home Residency Requirement (212e)
Understanding the J-1 Two-Year Home Country Requirement
What is 212(e)?
The two-year home residency requirement, also known as 212(e), requires and Exchange Visitor (EV), "if" they are subject to 212(e), return to and reside in their home country of legal permanent residence for a period of two years (cumulative) before being eligible to return to the U.S. as a:
- Permanent Resident, or
- On an H-1B, K, or L Visa, unless they first obtain a waiver. The requirement also prevents anyone subject to 212(e) from "changing their immigration status" from within the U.S., unless they first obtain a waiver.
This requirement does not prohibit an EV from returning to the U.S. in another J-1 visa category or in another non-immigrant status, except for when returning as a U.S. Permanent Resident, or on a H-1B, K, or L visa. For example, returning as a B-2 tourist or as an F-1 student without first fulfilling 212(e) or obtaining a waiver would be permissible.
General Guidelines Regarding 212(e)
Who is Subject to the Requirement?
EVs and their dependents who meet at least one of the conditions listed below would be subject to the rule:
- Government Funding: Funding directly or indirectly from either your home country's government or the U.S. Government. In some situations, funding through the University of Utah could count as government funding. Fulbright funding is considered U.S. government funding.
- Funding From an International Organization or Binational Commission: Funding from organizations that receive monies from government sources such, as the United Nations, NATO, etc.
- Specialized Knowledge or Skill: Having skills or expertise that your country has deemed essential and necessary to the country's development as identified on the Exchange Visitor Skills List.
- Graduate Medical Education (GME) or Training: Visiting the U.S. to obtain graduate medical education or training.
It is possible to be subject to the 212(e) in more than one of the above categories.
J-2 Dependents
- Dependents of an EV who are subject to 212(e) are also subject to the requirement.
- Dependents must rely on the J-1 EV to apply for a waiver of 212(e), as dependents cannot apply for the waiver separately from the J-1 EV.
How to Know if You Are Subject to 212(e)
- The visa stamp in your passport and/or a U.S. Consular annotation on your DS-2019 may indicate whether or not you are subject to the 212(e) requirement.
- It is possible to be subject to 212(e) even if it is not indicated on your visa and/or DS-2019. It is also possible that the information on your DS-2019 or visa stamp may be inaccurate. If you have questions about whether you are subject, you can submit a request for an Advisory Opinion to the U.S. Department of State.
Fulfilling the 212(e) Requirement
You may fulfill the requirement in one of two ways:
- Return to your home country of citizenship or last legal permanent residence for a cumulative period of at least two years. Please keep good records of the time spent in your country of citizenship or last legal permanent residence, if needed for proof.
- Request and be awarded a 212(e) Waiver.
212(e) Waiver Approval/Denial Impacts
- Once the Department of State issues a Favorable Waiver Recommendation, OR after USCIS grants a 212(e) waiver, you lose eligibility for an extension of your EV program, even if you have not met the maximum time limit of your J-1 category. You can complete the time remaining stated on your current DS-2019, but not eligible for a DS-2019 (EV) program extension.
- Changes to your EV program after a Favorable Recommendation or after receiving a waiver from USCIS, could re-subject you to 212(e) since USCIS made their determination based on evidence provided at the time of adjudication, before said changes to your program was made.
- A waiver of 212(e) approval could possibly result in a denial of an application of a J-1 visa renewal as it might appear to conflict with non-immigrant intent.
- If USCIS denies a 212(e) waiver application, there is no process for an appeal. You must either fulfill the 212(e) requirement, or apply for a waiver on a different basis, if eligible.
- If you are given a Favorable Recommendation by DOS or awarded a 212(e) waiver by USCIS, you would become ineligible for "reinstatement" of your J-1 status, if you were to fail to maintain J-1 visa "status" at some point in the future.
212(e) Home Residency Requirement Frequently Asked Questions
Yes. Being subject to 212(e) does not prevent you from traveling from or spending time away from your country of citizenship or last legal permanent residence. Remember, 212(e) only prevents you from returning to the U.S. as a U.S. Permanent Resident, or on an H-1B, L, or K visa, unless you fulfill the requirement (by spending two cumulative years in your country of citizenship or last legal permanent residence), or obtaining a waiver.
No. If you are subject to the 212(e), you re not eligible for a "change of status" to another visa status (such as F-1) while in the U.S.
Yes, you can depart the U.S. and return on another non-immigrant visa type (such as J-1 or F-1). However, this does not eliminate the 212(e) requirement.
Remember, 212(e) only prevents you from returning to the U.S. as a U.S. Permanent Resident, or on an H-1B, L or K visa, unless you fulfill the requirement (after spending two cumulative years there, or obtaining a waiver).
Yes. J-2 (dependent) status is directly tied to the status of the J-1 Exchange Visitor principal. If the EV is subject to 212(e), then the J-2 dependent is also subject.
There are five different bases in which you can request a waiver of the 212(e) rule. Please review the Waiver Eligibility Criteria for more information.
Remember, the waiver process can vary depending on the rules and regulations in place in your country of citizenship or of last legal permanent residence, and is quite complex. Therefor, ISSS does not have the expertise to advise on this matter, and we recommend that you seek the advice of an experienced immigration attorney, should you decide to pursue a waiver.