212(e) Two-Year Home Residency Requirement for J-1 Scholars

In some cases, J-1 Scholars are required to return to their home country or country of legal permanent residence for two years before being eligible to apply for certain nonimmigrant (H and L) and all immigrant visas. J-1 Scholars subject to the 212(e) are also not eligible to request a change of status to another nonimmigrant status while inside the United States, with the exception of A and G classifications.

The 212(e) applies to J-1 Scholars in one of the following situations:

• They received direct government funding, either from their home country or the U.S., for the purpose of international exchange.
• Their country has an Exchange Visitor Skills List and their field of research is on this list.
• They came to the U.S. in the J-1 Alien Physician category to participate in medical residency .

The 212(e):

• Is determined by the home country or country of legal permanent residence.
• Can affect Exchange Visitors in all J categories, regardless of program duration.
• Applies to both J-1 Scholars and J-2 dependents.
• Does not prevent individuals from returning to the U.S. in any visa status other than H, L, K, or greencard.

The Department of State (DOS) has released an update of the J-1 Exchange Visitor Skills List (“Skills List”) effective December 9, 2024. The revised list removes a large number of countries and broadens opportunities for current or former J-1 nonimmigrants to remain in or return to the United States.

The Federal Register Notice states that the 2024 Skills List will apply retroactively. As such, J nonimmigrant exchange visitors who were subject to the two-year home residence requirement at the time of their admission or acquisition of J status based on designations in a previously published Skills List will no longer be subject to that requirement if their country is not designated in this revised list. 

This change does not affect foreign nationals who may be subject to the J-1 home residency requirement on bases other than the Skills List, such as receipt of government funding for their J-1 program or entry as a foreign medical graduate. These foreign nationals will still be required to either fulfill the two-year requirement or seek a waiver.

Please email [email protected] if you have any questions about the 2024 Skills List update.

If the J-1 Scholar believes they have been incorrectly subjected to the 212(e) per the reasons above, or the 212(e) information on the J-1 visa does not match the DS-2019, they should request an advisory opinion from the Department of State.

The Office of Global Services (OGS) is not able to directly assist or prepare documentation for this process.

If you request an advisory opinion and receive the advisory opinion letter from the Department of State, please email a copy of the letter to [email protected].

In some cases, J-1 Scholars subject to the 212(e) may apply for a waiver from the Department of State. OGS is not able to directly assist or prepare documentation for this process.

J-1 Scholars considering applying for a waiver must discuss this with OGS before starting the waiver application process. If the waiver is pending with USCIS or approved, the J-1 Scholar will not be eligible for a program extension even if they have not yet reached the five-year program duration maximum.

If, after consultation with OGS, you apply for and receive the 212(e) waiver approval from USCIS, please email proof of your waiver approval to [email protected].