Two-Year Home Residence Requirement – 212(e)

12-Month Bar

24-Month Bar

Who it affects

May affect participants in any category of the J-1 visa including J-1 Professor, Research Scholar, Short-Term Scholar, and Student.

Exchange Visitor may be subject to the two-year home residence requirement if:

•  Exchange Visitor receives direct financial support from U.S. or home government

•  Exchange Visitor's home country's government has a Skills Lis t that includes their profession or field of research/study

•  Exchange Visitor has a J visa sponsored by ECFMG, Fulbright or other organizations.

Prospective J-1 Research Scholars or Professors who have been in the US in any J status except Short Term Scholar (including J-2 status) for six months or more in the 12 month period immediately prior to the proposed start date of the new Research Scholar or Professor J program.

Applies to J-1 visitors and their J-2 spouses/dependents in the Research Scholar or Professor Category who have ended their previous J programs, and now seek to return in the J-1 Research Scholar or Professor Category.

What is prohibited

Exchange Visitor is not eligible for H, L, K or immigrant (permanent resident) visa and cannot apply for change of nonimmigrant status within the U.S.

Prospective J-1 Research Scholar or Professor is not eligible to begin new period of J visa sponsorship for a period of 12 months (one year) after completion of any previous J exchange program (except the Short-Term Scholar category).

Scholar who has completed a period of exchange as a
J-1 Research Scholar or Professor may not return to the U.S. in J-1 Research Scholar or Professor Category for 24 months (two years).

What is not prohibited

The Exchange Visitor may be permitted to depart and return to the U.S. in other nonimmigrant classifications, such as F-1 student, B-1/B-2 visitor, O-1 or TN prior to satisfying or waiving 212(e). May also return in another J-1 classification, if no bar applies.

This bar does not prohibit entry to the U.S. in other immigration categories.

This bar does not prohibit entry to the U.S. in other immigration categories.