2-Year Requirement
At the end of your J-1 program, you are required to return to your home country and maintain a physical presence there for at least 2 years. This is known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e).
Only after 2 years in your home country are you eligible to apply for an immigrant visa or change to another non-immigrant status within the United States.
Does This Requirement Apply to You?
If you are subject to the 212(e) requirement, you can find a notation on your DS-2019 and J visa page.
This requirement likely applies to you if:
- Your exchange program was financed in full or in part by the U.S. government or your home country government
- A skill identified by your home country government appears in the Exchange Visitor Skills List
- Your purpose in coming the United States was to receive graduate medical education or training
Waiving the 2-Year Requirement
If you seek to change your visa status to H, L, or permanent residency in the United States, you can apply for a waiver for the 2-year requirement for yourself and your dependents.
Eligibility for a Waiver
You may be eligible for a waiver under any 1 of these conditions:
- A claim of exceptional hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if you are required to return to the country of residence
- A claim that you will be persecuted due to race, religion, or political opinions if you return to the country of residence
- A request from an interested U.S. government agency on your behalf
- A No Objection Statement from your government
- A request by a designated State Health Department or its equivalent
How to Request a Waiver
Apply with the U.S. Department of State to receive a recommendation for a waiver.