Subject to the 212(e) Home Residency Requirement?
Some J-1 Exchange Visitors may be subject to what is known as the (212(e)) two-year home residency requirement. A J-1 Exchange Visitor would be subject to this requirement based on one or more of the following situations:
1) If their country of permanent residency and field of work are identified by your home government as being in short supply and consequently listed on the U.S. Department’s Exchange Visitor’s “Skill’s List”
2) If they are receiving any direct government funding from their home government or a U.S. government agency at any point during the J-1 program
3) If they are receiving graduate medical education or training on a J-1 visa sponsored by the Educational Commission on Foreign Medical Graduates (ECFMG)
Please Note: If an Exchange Visitor is subject to the two-year home residency requirement, then any family member who is in the U.S. as a J-2 dependent is also subject.
If an Exchange Visitor is subject to the two-year home residency requirement they are required to return to their home country or country of legal permanent residence for an aggregate of two years (24 months) or receive a waiver of this requirement before being eligible to obtain H-1B or L status or become a U.S. Permanent Resident. An Exchange Visitor who is subject to the two-year home residency requirement may return to the U.S. in other non-immigrant categories including but not limited to F-1 student, J exchange visitor, B visitor and O-1 extraordinary ability.