# J-1 Home Residency Requirement & 12/24-month Bars ## Summary This page provides information for J visa holders and their departments on requirements known as the **two-year home residency requirement** and the **12- and 24-month bars**. Make sure you fully review and follow these requirements. ## Two-year Home Residency Requirement In some cases, the J-1 visa carries with it a two-year home residence requirement which obliges visa holders and their J-2 dependents to return to their home countries for two years before being eligible to apply for an immigrant visa or a non-immigrant H or L visa. The requirement also makes J-1 visa holders and their J-2 dependents ineligible to change to any other visa status within the United States if they are subject to it. Not all J-1 visa holders are subject to this requirement. The requirement applies to those individuals in one of the following situations: - J-1 visa holders who are funded by the United States Government, their own governments, or international organizations during part or all of their stay in the United States are subject to the requirement. - J-1 visa holders whose skills are needed in their home countries, as registered on the Exchange Visitor Skills List, are subject to the requirement. - J-1 visa holders who are graduates of foreign medical schools participating in internships, residencies, or clinical training programs in the United States sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) are subject to the requirement. ### Are you subject to 212(e)? J-1 visa holders should check both their Forms DS-2019 and J-1 visas to see if they are subject to the two year home residence requirement, 212(e). Harvard sponsored J-1 s should contact the HIO with questions regarding whether or not they are subject to the requirement. J visa holders may be subject to the two-year home residency requirement under the following conditions: - Funding: The scholar has received any funding (including nominal travel grants) from their home government, the U.S. government, or if they are named as a PI in a U.S. government grant or U.S. government funded fellowship specifically designed for exchange, such as Fulbright. - Skills List: Trained personnel in the scholar’s field are identified by their home government as being in short supply and their field has consequently been included on the U.S. government's [Exchange Visitor's Skills List](https://www.federalregister.gov/documents/2024/12/09/2024-28718/public-notice-of-revised-exchange-visitor-skills-list). - Graduate Medical Training: J status is sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG). ### What's Not Allowed When Subject to 212(e) At the conclusion of a J-1 program, the Exchange Visitor who is subject to this requirement must reside for an aggregate of two years in their country of nationality or last legal permanent residence or have the requirement waived before being eligible to apply for H, L, K, or U.S. legal permanent resident visa status. Scholars subject to the 212(e) home residence requirement are not permitted to change their status to ANY other immigration status from within the U.S. ### What's Allowed When Subject to 212(e) 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 fulfilling or waiving 212(e); they may also return in another J-1 classification if no bar applies. ### Advisory Opinion from the U.S. Department of State In the case that there is a doubt in whether or not a J-1 visa holder is subject to the requirement, the individual may request an [Advisory Opinion from the U.S. Department of State](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/advisory-opinions.html). ### 212(e) Waiver J-1 visa holders who are subject to the requirement based on the information noted above and who do not wish to fulfill the requirement by returning to their home countries for two years may [apply for a Waiver](https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor.html) of the two-year home residence requirement. Please note: before requesting an Advisory Opinion or applying for a Waiver, J-1 visa holders should contact their HIO advisors. Failure to inform an HIO advisor regarding this matter could jeopardize the visa holder's ability to secure an extension of the Form DS-2019, or the option to change into another non-immigrant status. ## 12- and 24-month Bars ### The 12-month Bar Individuals who have been in the United States for more than six months in the previous year (12 months) in J visa status are not eligible to enter the United States as a J-1 Research Scholar or Professor for a 12-month period. Time spent in the J-1 Short-term Scholar category does not count towards the 12-month bar. The 12-month bar applies to both the J-1 principal and any J-2 dependents. The 12-month bar does not prevent individuals from returning to the United States in any other visa status. ### The 24-month Bar Any individual who participates in an Exchange Visitor program in the Researcher Scholar or Professor category on or after 11/18/06 is subject to a 24-month bar on "repeat participation" in those categories. Scholars subject to the 24-month bar may not return to the United States as a J-1 scholar in the Research Scholar or Professor category for the 24-month period. This bar also applies to J-2 dependents. The 24-month bar is not the same as the Two Year Home Residence Requirement. The 24-month bar does not prevent individuals from returning to the United States in any other visa status. ### Impact of the 24-month Bar When a scholar either concludes or leaves a J-1 program, whichever happens earlier, the scholar's record becomes inactive in SEVIS, making it impossible for the HIO to reactivate it. At that point, the 24-month bar time starts to accrue. Therefore, it is extremely important for the HIO to be informed of a scholar's departure from Harvard and their future plans, so that the scholar's SEVIS record can be properly maintained to facilitate their possible return to the United States. SortPrevious J StatusLength of Time in J StatusRepetition Bar for New J-1 Research Scholar/Professor VisaJ-1 Student Less than 6 Months No Bar J-1 Student More than 6 Months 12-Month Bar J-1 Student Intern Less than 6 Months No Bar J-1 Student Intern More than 6 Months 12-Month Bar J-1 Short Term Scholar Less than 6 Months No Bar J-1 Research Scholar/Professor Any amount of time 24-Month Bar *\*Please note, J-2 Dependents become subject to the same 12- or 24-month bar as the primary J-1.* [ FAQ: 24-month Bar for Research Scholars and Professors arrow\_circle\_right ](/resources/faq/24-month-bar) ## Two-Year Home Residence Requirements vs 12- and 24-month Bars for J Visa Holders SortDetailsTwo-Year Home Residence Requirement - 212(e)12-Month Bar24-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](https://www.federalregister.gov/documents/2009/04/30/E9-9657/2009-revised-exchange-visitor-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.