Two-Year Home Residence Requirements vs 12 and 24 Month Bars for J Visa Holders

 

Two-Year Home Residence Requirement - 212(e)

12-Month Bar

24-Month Bar
Who it affects

May affect participants and their dependents in any category of the J-1 visa including J-1 Professor, Research Scholar, Short-Term Scholar, Student, and J-2 dependents

J-1 scholars may be subject to the two-year home residence requirement if:

  • they received direct financial support from U.S. or their home government
  • their home country is on the Skills List that includes their profession or field of research/ study
  • their J visa sponsored by ECFMG, Fulbright or other organizations.

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

J-1 scholars and their J-2 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

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

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

Scholar who has completed a program 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

Scholars 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 any other immigration categories.

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