The Two-Year Home Country Physical Presence Requirement [212(e)] applies to some J-1 visa holders. After completion of a J-1 program, you may be required to reside in the home country for a minimum of two years before being eligible for the following visas: H, L, or K visa classification, U.S. permanent residency, or filing a change of status petition from within the U.S. to any other visa classification. If you are subject, you and your dependents (if any) are subject.
This requirement does not prevent you from returning to the U.S. in any other immigration status (for example: you want to return as a tourist or student within the two-year period and meet the requirements for those visa statuses.)
You May be Subject to the Two-Year Home Country Physical Presence Requirement if:
- Home Government Funding: J-1 visitors who receive funding directly from their home country’s government are subject to the 212(e) requirement. Regional government funding does not apply.
- U.S. Government Funding: J-1 visitors who receive funding directly from the U.S. government are “subject” to 212(e). Funding received as salary from University of California grants to the department are not considered government funding for this purpose. However, there are some exceptions which include grants that are specifically targeted for international exchange. Fulbright funding is U.S. government funding.
- Funding from an International Organization or Bi-National Commission: J-1 visitors who receive funding from International Organizations or Bi-National Commissions (organizations that receive their funding from government sources), such as, United Nations, NATO, or the European Community.
- The Exchange Visitor Skills List: J-1 visitors whose area of specialization has been identified as being in short supply by her/his government of legal permanent residence is considered “subject.”
- Medical Education and Training: Any J-1 visitor is subject if he/she is a foreign medical graduate and came to the U.S. to obtain graduate medical education or training.
Can the Requirement Be Waived?
If you have questions about whether you are subject to the 212(e) requirement, or plan to apply for a waiver, you should make an appointment to speak with a scholar advisor at UCI International Center.
Do not assume that your visa stamp or DS-2019 have been marked correctly by U.S. government agencies, especially if any of the above “subject” criteria apply. If there is an error in the determination you can request an Advisory Opinion from the U.S. Department of State.
You should not apply for a waiver of the two-year home country physical presence requirement without first discussing the timing of the request with an international advisor. The Department of State has detailed instructions for application of the waiver of 212(e). Fulbright students and scholars very rarely receive waivers.
Once the Department of State has granted a no objection to your two-year home country physical presence requirement you are not eligible for extension of your DS-2019 or transfer to another institution.