Two-Year Home Residence Requirement
J-1 Exchange Visitors come to the U.S. for a specific objective such as a program of study (J-1 student) or a research project (J-1 scholar). The intent of the Exchange Visitor Program is for the home country to benefit from the J-1 Exchange Visitor’s experiences in the U.S. J-1 Exchange Visitors and their accompanying J-2 dependents may be subject to a two-year home residence requirement.
Who is subject to the two-year home residence requirement?
J-1 Exchange Visitors may be subject to the two-year home residence requirement if:
- they received government funding, in whole or in part, directly or indirectly, and for the purpose of exchange, from their home government
- the U.S. government or selected international organizations; the education, training or skill the J-1 Exchange Visitor is pursuing on the exchange program is on the Exchange Visitors Skills List (a list of areas and disciplines identified by foreign governments as having a short supply of workers in that country) for the J-1 Exchange Visitor’s country
- they participated in graduate medical education or training; or they are J-2 dependents of a J-1 Exchange Visitor who is subject to the two- year home residence requirement.
What does the two-year home residence requirement mean?
If a J-1 Exchange Visitor is subject to the two-year home residence requirement, s/he must “reside and be physically present” for a total of two years in either his/her country of nationality or legal permanent residence after the completion of his/her stay in the U.S. as a J-1 Exchange Visitor.
What restrictions do I have if I am subject to the two-year home residence requirement?
Until this requirement is met, the J-1 Exchange Visitor is NOT ELIGIBLE for the following:
- H-1B (temporary worker) visa;
- L (intra company transferee) visa;
- K (fiancé/e) visa;
- Adjustment of Status to permanent residence (green card);
- Or a change of status inside the U.S. to any other non-immigrant classification except A (diplomats and dependents) or G (representative to international organizations)
How do I know whether or not I am subject to the two-year home residence requirement?
Evidence of whether or not a J-1 Exchange Visitor is subject to the two-year home residence requirement may be found: on the J-1 visa stamp in the J-1 Exchange Visitor’s passport. The phrase: “Bearer (is/is not) subject to section 212 (e). Two-year rule (does/does not) apply” should appear; or in the section labeled “preliminary endorsement” in the lower left hand corner of the DS-2019 form.
How can I waive the two-year home residence requirement?
J-1 Exchange Visitors who are subject to the two-year home residence requirement may be able to receive a waiver of this requirement.
Who is subject to the two-year home residence requirement?
J-1 Exchange Visitors may be subject to the two-year home residence requirement if:
- they received government funding, in whole or in part, directly or indirectly, and for the purpose of exchange, from their home government
- the U.S. government or selected international organizations; the education, training or skill the J-1 Exchange Visitor is pursuing on the exchange program is on the Exchange Visitors Skills List (a list of areas and disciplines identified by foreign governments as having a short supply of workers in that country) for the J-1 Exchange Visitor’s country
- they participated in graduate medical education or training; or they are J-2 dependents of a J-1 Exchange Visitor who is subject to the two- year home residence requirement.
What does the two-year home residence requirement mean?
If a J-1 Exchange Visitor is subject to the two-year home residence requirement, s/he must “reside and be physically present” for a total of two years in either his/her country of nationality or legal permanent residence after the completion of his/her stay in the U.S. as a J-1 Exchange Visitor.
What restrictions do I have if I am subject to the two-year home residence requirement?
Until this requirement is met, the J-1 Exchange Visitor is NOT ELIGIBLE for the following:
- H-1B (temporary worker) visa;
- L (intra company transferee) visa;
- K (fiancé/e) visa;
- Adjustment of Status to permanent residence (green card);
- Or a change of status inside the U.S. to any other non-immigrant classification except A (diplomats and dependents) or G (representative to international organizations)
How do I know whether or not I am subject to the two-year home residence requirement?
Evidence of whether or not a J-1 Exchange Visitor is subject to the two-year home residence requirement may be found: on the J-1 visa stamp in the J-1 Exchange Visitor’s passport. The phrase: “Bearer (is/is not) subject to section 212 (e). Two-year rule (does/does not) apply” should appear; or in the section labeled “preliminary endorsement” in the lower left hand corner of the DS-2019 form.
How can I waive the two-year home residence requirement?
J-1 Exchange Visitors who are subject to the two-year home residence requirement may be able to receive a waiver of this requirement.
For detailed application procedures on applying for a waiver of the two- year home residence requirement, please visit:
http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver/ds-3035-instructions.htm
http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver/ds-3035-instructions.htm