212(e) 2-Year Home Residency Requirement
What is the 212(e) 2- Year Home Residency Requirement
All exchange visitors and departments should thoroughly understand the 212(e) 2-Year Home Residency Requirement. Certain exchange visitors may be subject to this requirement. 212(e) states that the exchange visitor (and any J-2 dependents) must return to their country of nationality or legal residence for at least two years after the end of their J-1 program and departure from the U.S. before they become eligible for additional U.S. immigration benefits.
Who is Subject to 212(e)
There are generally three situations where the home residency requirement will apply, the 212(e) notation will often be listed on the J visa if it applies to the exchange visitor.
- Government Funding: If the exchange visitor’s program was partially or completely financed by either the U.S. Government or the government of the exchange visitor's last place of legal residence
- Specialized Knowledge or Skill: Exchange visitors from certain countries who are engaged in a certain field of specialized knowledge listed on the Exchange Visitors Skills List
- Graduate Medical Training/Education: If the exchange visitor is participating in graduate medical training/education sponsored by the Educational Commission for Foreign Medical Graduates
Waiving the 212(e) Requirement
There may be certain scenarios where an exchange visitor may look to waive the 212(e) requirement. For additional information on the waiver process and application, exchange visitors are encouraged to visit the Department of State’s Waiver website.