The two-year home return restriction, or 212(e), specifies that a J-1 exchange visitor must return and be present in their home country for two years prior to the status of H, L, or Permanent Resident (PR). The J-1 can return to the U.S. in another status that is not H, L, or PR or may apply for other visas such as F-1 student. However, the visitor must leave the U.S. to complete the change of status.

Who is Subject to 212 (e)?

An exchange visitor may be subject to the two-year home country physical presence requirement on one or more of the following bases:

Receiving Direct Government Funding for program
- Funding from home government
- Funding from U.S. government expressly for the purpose of the exchange
Area of study is on the Skills List
- Varies by country and occupation
- China and India - most occupations
- Typically European countries not present
- Refer to the Revised Exchange Visitor Skills List
ECFMG sponsored - Foreign Medical Graduates
Once subject, subject for duration of program
Not all J-1s are subject to 212(e)

Relief from 212 (e)

J-1 Research Scholars and Professors may be exempt from the two-year home country physical presence rule if they have:

Residency in an exempt country and apply for the visa from there
Advisory Opinion from Department of State
Requested waiver
- No objection from home country
- USCIS approval of waiver
- Extensions cannot be granted once the waiver has been obtained

Advisory Opinion Related to 212e

Occasionally, exchange visitors may have reason to believe they are not subject to Immigration and Nationality Act (INA) Section 212(e), or the two-year home country physical presence requirement. This may be true even though their documents indicate otherwise. Sometimes, different documents indicate conflicting opinions. Exchange visitors who need clarification as to whether or not they are subject to Section 212(e) may request an Advisory Opinion. The Office of International Programs will work with the exchange visitor in submitting the request for the Advisory Opinion.

Applying for a Waiver of 212e

Exchange Visitor Program participants who are subject to the two-year home country physical presence requirement, as established by Section 212(e) of the Immigration and Nationality Act (INA), must apply for a waiver of the requirement if they plan to submit an application to the USCIS for a change in status as an H, L, or Permanent Resident.

The Office of International Programs does not offer direct assistance in applying for waivers to INA Section 212(e). Exchange visitors who are subject to this regulation and wish to apply for a waiver may find information and forms on the State Department's web site.

A waiver may be requested on one of the five statutory bases listed below.

A claim of exceptional hardship to a U.S. citizen or legal permanent resident spouse or child
A claim that the participant will be persecuted due to race, religion, or political opinions if s/he returns to the country of residence
A request from an interested U.S. Government Agency on the participant's behalf
A No Objection Statement from the visitor's home government
A request by a designated State Health Department or its equivalent

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