Two-Year Home Residency Requirement
The J-1 Exchange Visitor Program was established to promote mutual understanding and cultural and educational exchange, with the assumption that participants would return to their home countries and share knowledge gained during the program. In certain instances, visitors in J status are required to return and reside in their home country or country of legal permanent residence for two years before they may return to the U.S. in H, L, or K classification, or as a lawful permanent resident (“green card” holder). In addition, scholars who are subject to this requirement are not eligible to apply for a change to any non-immigrant classification from within the U.S.
Individuals are subject to the two-year home residency requirement — also known as 212(e):
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If they come to the United States to participate in medical residency under J-1 Alien Physical category OR
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If they have received direct government funds for the purposes of international exchange OR
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If, as a J-1 Exchange Visitor, they are acquiring a skill that is in critical demand in their home country, according to the U.S. government’s “Exchange Visitor Skills List.”
On December 9, 2024, the U.S. Department of State made significant updates to the list of countries whose citizens are subject to the Skills List. Below is a summary:
- The list of countries was reduced from 81 to 45.
- Notably, India, China, Brazil, Bangladesh, South Africa, and South Korea were removed.
- If the country was removed from the skills list and the only reason a J-1 was subject to the 212e was the skills list, the J-1 is retroactively relieved of the two-year home residency requirement. If an exchange visitor is unsure of whether the skills list applies to them, the J-1 may can request an Advisory Opinion [travel.state.gov].
- J-1 Exchange Visitors subject to 212(e) due to government funding, will still be subject.
- Recipients of Fulbright awards and ECFMG (foreign medical graduates) are still subject.
Please note that receiving a salary that is funded out of a government grant that is given for the purposes of conducting research does not make the recipient subject to this provision. Most Brandeis University research salaries are funded by grants from the U.S. government. This money is given to Brandeis to do research and does not make a person subject to 212(e).
In limited circumstances, exchange visitors who are subject to the requirement may apply for a waiver directly from the Department of State if they meet certain conditions. Please talk to the ISSO if you are planning to file a waiver as this could impact your eligibility to extend your appointment or transfer your J-1 record to a new institution.
Please note that the Two-Year Home Residency Requirement can affect students and scholars in any J classification, including J-2 dependents. It is not the same as the 24-Month Bar on Repeat Participation which affects only scholars in J-1 Research Scholar or Professor categories.