Two-Year Home Residency Requirement
The J Exchange Visitor Program was created to foster learning across cultures. In some cases, rules ensure that J-1 exchange visitors will return to their home countries after completion of their U.S. program so that the home country will also benefit from this exchange program.
Participants in a J program and their dependents may be subject to the two-year home residency requirement, also known as the 212(e), if the participant:
- Receives direct funding from their home government or the U.S. government.
- Engages in training that falls under the country-specific Skills List.
- Receives U.S. based graduate medical education or training. (Not applicable at Carnegie Mellon)
To Determine if a J-1 Exchange Visitor and their dependents are Subject:
Participants must check their J visa sticker and the notation on the DS-2019 from the U.S. consular officer to determine if they are subject; however, sometimes it can be unclear if the requirement applies.
If you are unsure or it seems like the requirement has been improperly applied, a J-1 visitor may request an Advisory Opinion from the Department of State. This provides a review of your documentation to give a final determination on whether the Home Residency Requirement applies. Learn more on the Advisory Opinon webpage.
If a J-1 Exchange Visitor is Subject to the Requirement:
A participant and their dependents may not move into a more permanent work status such as H-1B or permanent residency (i.e., green card) until they have fulfilled the requirement or successfully obtained a waiver.
The two-year home residency rule does not prevent the participant from returning to the U.S. as as student, tourist, or on a J visa in certain categories. Since individuals subject to the two-year home residency requierment may not apply for a change of status from within the U.S., international travel is required to accomplish this change of status.
To Fulfill the Home Residency Requirement, J-1/J-2 Exchange Visitors must either:
- Return to their home country for a period of at least two years (24 months) or
- Request and receive a waiver.
There is a formal process for obtaining a waiver of the two-year rule. Reasons for which a waiver may be granted are a statement of no objection, an interested U.S. government agency, or fear of persecution. Visit the U.S. Department of State website for more information on waivers.
Before applying for a waiver, J-1 participants or their dependents must meet with their OIE advisor. After a waiver has been granted, J-1 participants are no longer eligible for a program extension, transfer, or a new J-1 visa to be issued abroad at an embassy or consulate.
Remember that receiving the waiver alone does not legally extend your stay in the United States, and that the waiver application process can be time-consuming. It can take up to a year or longer to obtain a waiver, so it is important to discuss this ahead of time with our office