Some J-1 exchange visitors may be subject to the two-year home country physical presence requirement, if any of the conditions mentioned below apply. This means that J-1 scholars (and their J-2 dependents) will be required to return to their home country (or country of last residence) for two years at the end of their exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act.
Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
[Note: Students on a research assistantship or grants paid to the university are NOT considered to have received U.S. government funding.]
Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;
Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the .
An exchange visitor who falls into one of these groups will continue to be subject, even if funding or field of study changes. If the principal J-1 exchange visitor is subject to the two-year residence requirement, all dependents who enter the United States in J-2 status are subject to it as well.
Exchange visitors who are subject to the two-year home country residence requirement must "reside and be physically present" in their "home" country for an aggregate of two years before being eligible for certain immigration benefits. While they are subject to 212(e), foreign nationals are not eligible for the following benefits:
- They are not eligible for an immigrant visa or for adjustment of status to lawful permanent resident (immigrant/green card) status;
- They are not eligible for an H visa (temporary workers and dependents), an L visa (intracompany transferees and dependents), or a K visa (fiancé and dependents);
- They are not eligible to change their nonimmigrant status within the United States to any other nonimmigrant category except A (diplomatic), G (international organization), or U (victims of qualifying criminal activity) statuses.
Apart from these specific restrictions, persons subject to 212(e) two-year home residency requirement are treated as are all other exchange visitors, i.e., they remain eligible for program transfers and extension of their J status up to the limits of time for their particular category, etc.
Forms:
Two Year Home Residency Requirement