Some J-1 visa holders are “subject to” a requirement to return to their home country for at least two years after completing their exchange visitor program. This rule is commonly called the Two-Year Rule, Two-Year Home Residency Requirement, or 212(e).
Update – December 2024: Revised U.S. Department of State Skills List
The U.S. Department of State has published a revised Skills List, effective immediately. This list determines whether J-1 Students and Scholars are subject to the Two-Year Home Residency Requirement based on their field of study or research.
Key Changes:
- J-1 visa holders from countries removed from the new Skills List—including China, India, South Korea, and Brazil—are now retroactively exempt from the Two-Year Rule if the only reason they were subject was due to the Skills List.
- Important: Even if your visa stamp and DS-2019 form say you are subject to 212(e), you do NOT need to fulfill the two-year residency requirement if this new guidance applies to you.
This rule is NOT the same as the 24-Month Bar, which only applies to J-1 Research Scholars and Professors.
What Does It Mean If I Am Subject to the Two-Year Rule?
If you are subject to the Two-Year Rule (212(e)), you must:
- Reside and be physically present in your home country for 2 years after completing your J-1 program.
- This requirement applies before you can apply for certain U.S. immigration benefits.
While subject to 212(e), you are ineligible to:
- Apply for an immigrant visa or adjust your status to become a lawful permanent resident (green card holder).
- Apply for an H visa (temporary workers), L visa (intracompany transferees), or K visa (fiancé(e) visas).
- Change your nonimmigrant status within the U.S. from J to another category, except for A (diplomatic), G (international organization), or U (victims of qualifying criminal activity) statuses.
The “home country” is generally the country where you were a legal permanent resident when you received your J-1 status.
How Do I Know If I’m Subject to the Two-Year Rule?
You can check two key documents:
1. Your DS-2019 Form
- Look at the bottom left corner of your DS-2019 form.
- When you applied for your J-1 visa, the consular officer may have marked whether you are subject to 212(e).
- If you didn’t apply through a consulate, this section may be blank.
2. Your J-1 Visa Stamp
- Look at the bottom of your J visa in your passport.
- It will typically say:
- “BEARER IS SUBJECT TO 212(e). TWO-YEAR RULE APPLIES”
- OR
- “BEARER IS NOT SUBJECT TO 212(e)”
Why Am I Subject to the Two-Year Rule?
You may be subject to 212(e) for one or more of the following reasons:
- Government Funding:
- You received funding from the U.S. government, your home country’s government, or an international organization for your J-1 program.
- Skills List Requirement:
- Your field of study or expertise is listed on the Skills List for your home country.
- Note: As of December 2024, if your country was removed from the Skills List and this was the only reason you were subject, you are no longer required to fulfill the Two-Year Rule.
- Graduate Medical Education or Training:
- You participated in a J-1 program for graduate medical education or training (applies to medical doctors only).
What If I’m Unsure Whether I’m Subject to the Two-Year Rule?
If you’re still unsure about your status, you can request an Advisory Opinion from the U.S. Department of State. This formal process will clarify whether you’re subject to 212(e) based on your specific case.
Can I Apply for a Waiver of the Two-Year Rule?
Yes, you can apply for a waiver if you cannot fulfill the home residency requirement. To do this:
- Submit your application directly to the U.S. Department of State.
- You’ll need to follow specific steps based on your eligibility category (e.g., hardship, persecution, no-objection statement, etc.).
Important Notes:
- If your waiver is approved, you cannot extend your J-1 program.
- You are responsible for the waiver process. Your institution’s International Student and Scholar Services (ISSS) office is not involved in it.
Learn more about waiver eligibility and instructions on the Department of State’s waiver website.
Key Takeaways
- The December 2024 Skills List update may affect your requirement to fulfill the Two-Year Rule.
- J-1 holders from countries like China, India, South Korea, and Brazil may now be exempt if the Skills List was the only reason they were subject.
- Always verify your status through your documents or by requesting an Advisory Opinion.
- Consult with an immigration attorney for personalized guidance if needed.
We Can Help!
You may have questions regarding J-1 visa requirements. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
