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International Student and Scholar Support

212(e) Requirement

The Two Year Home Residency Requirement is often referred as the 212(e). Only the U.S. Department of State can determine if a J-1 and/or J-2 is subject to the 212(e). If subject, a J-visa holder will have to physically reside within their last country of legal permanent residence for two years after their program end date before a return to the U.S. as an H-1B visa holder, L visa holder, K visa holder or as a Permanent Resident.  If subject, J-visitors are unable to apply for a change of status within the USA.  Being "subject" to this regulation does not prevent a visitor from returning to the U.S. in another visa status, such as F-1 (student) or B1/B2 (tourist/business).

Reasons for being subject:

  • J-1 program is funded in part or wholly by the United States government, the visitor's government, or an international organization.
  • You work in a field that appears on the Exchange Visitor skill list (a long list of areas and fields identified by foreign governments as having a short supply of workers in that country).
  • The J-1 visa holder is receiving graduate medical education or training.
  • You are a J-2 dependent of an Exchange Visitor who is subject to the requirement.

How to check if you are subject:

If you are subject to the requirement, your DS-2019 will reflect this here:

DS-2019 212(e) Sample

Waiver of requirement:

For detailed information on the waiver process, visit the State Department website’s section on waivers.

As a designated Exchange Visitor Program sponsor, the University cannot provide you with any assistance with the waiver application. This is an entirely personal matter.

It is important to note that after you take steps toward seeking the waiver, the University will not be able to further extend your DS-2019(s).

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