Some J-1 scholars may be subject to a two-year home-country physical presence requirement; the two-year home residency requirement is also called 212(e), which refers to the section of the Immigration and Nationality Act where the requirement is found.
If your DS-2019 or visa stamp indicates that you are subject to the requirement, you will be required to return to your home country for at least two years at the end of your exchange visitor program to share the research and cultural knowledge you gained. If you are subject to this requirement, you cannot pursue H-1B, L, K, or permanent resident status until you complete the requirement.
This requirement is different from the 12-month and 24-month bars on re-entering the United States as a J-1 professor or research scholar.
Waiver Requests
For more information on the two-year home residency requirement waiver process, visit the U.S. Department of State's website. After your waiver has been recommended by the U.S. Department of State, you are no longer eligible for J-1 extensions. Thus, we recommend extending your status to the furthest extent possible before applying for a waiver.
Change of Status Restrictions
While you are in the United States, you may not change to permanent resident status or any nonimmigrant category except A or G if you are subject to the two-year home residency requirement. After the requirement is fulfilled or waived, you may be eligible to apply for H, K, L, or immigrant status.