Two-Year Home Residence Requirement 212(e)

Since the J-1 Program is an exchange program, the Department of State (DOS) requires that some exchange visitors return home at the end of their programs for a minimum of two (2) years. This is to encourage and foster exchange of ideas between countries, and to allow the EV time to share their newly obtained knowledge and experience.

If you are subject to 212(e), you must return to your country of citizenship or your country of last legal permanent residence after your J-1 program is complete. You must remain there for a total of two (2) years. During this time, you cannot change or adjust status to H, L or lawful permanent residence (LPR). This requirement remains until you have either fulfilled the rule or you have been approved for a waiver.

There are several ways to become subject to the two-year home country physical presence requirement.

1. Skills List: The U.S. Department of State (DOS) created a list of fields and specialized knowledge, and then entered into an agreement with other countries about what skills those countries need. This list is known as the Skills List. If you are a resident or citizen of a country that is on the Skills List and your field appears on the list, you are subject to 212(e). See if your country has a Skills List on a website provided by DOS.
2. Home Government Funding: If you receive funding from your home government, you will be subject to 212(e).
3. U.S. Government Funding: If you receive funding from the U.S. government, you are subject to 212(e). This includes funding such as Fulbright or Fogarty. It is very difficult to obtain a waiver if you have received U.S. government funding.
4. Foreign Medical Graduates: If you were in the ECFMG program to train as a Foreign Medical Graduate, you are subject to 212(e). It is very difficult to obtain a waiver in this case.

Be extra cautious when trying to determine if you are subject to 212(e). When making a visa application, the consular officer often marks on your DS-2019 if you are subject to 212(e). It may also be marked on your visa. Sometimes these markings are incorrect and should not be the only criteria used in determining subjectivity. When in doubt, always request an Advisory Opinion.

If you think you and accompanying dependents were marked as subject to the requirement incorrectly or if you want to ensure that you know if you are subject, there is an option to request an Advisory Opinion after your arrival to the U.S.

An Advisory Opinion is a letter from the Department of State (DOS) that states if you are subject to 212(e). If your Advisory Opinion says you are not subject, you do not need to apply for a waiver. If your Advisory Opinion says you are subject, you may be eligible to apply for a waiver. Keep your Advisory Opinion. If it proves that you are not subject, you will need your Advisory Opinion for all future changes of status including if adjusting status to LPR.

OISS does not submit advisory opinion letters for J-1 students or scholars. Advisory Opinion information can be found the DOS website.

There are several ways to obtain a waiver. It is important to know that applying for and receiving a waiver may limit allowed activities in J immigration status. Speak to your OISS adviser before applying for a waiver for 212(e). Receiving a waiver can limit changes available to you during the rest of your J program.

1. No Objection Statement from your home country.
2. Hardship to U.S. citizen spouse or U.S. citizen child. Contact an immigration attorney for more information.
3. Persecution in home country. Contact an immigration attorney for more information.
4. Interested U.S. government agency. Contact an immigration attorney for more information.
5. For most ECFMG participants, the state waiver program is the only waiver option. Contact an immigration attorney for more information.

OISS strongly recommends that you do not attempt to obtain waivers based on aforementioned criteria two (2) through five (5) without the assistance of an attorney. Contact OISS if you are going to seek a waiver based on criteria four (4) or five (5) through the sponsorship of WashU.

If you cannot obtain a waiver and you are subject to 212(e), you should return to your country of citizenship or country of legal permanent residence. If you have any questions about what country you must return to in order to fulfill 212(e), contact an immigration attorney.