Two-Year Home Residency Requirement (212e)
Some J-1 Exchange Visitors are subject to a requirement known as the “two-year home residency requirement”, or 212(e), following the end of their J-1 program. Those subject requires the J-1 Exchange Visitors (and their J-2 dependents) to spend a collective of two years, physically present in their country of lawful permanent residency, following the end of the J-1 program, before they are eligible for the following:
- H visa (temporary workers and dependents), an L visa (intracompany transferees and dependents), or a K visa (fiancé and dependents) status
- Lawful permanent residency (a “green card”)
- A change of status from within the U.S. to any other non-immigrant category except A (diplomatic), G (international organization), or U (victims of qualifying criminal activity) statuses.
Exchange Visitors may be subject to the two-year home residency requirement under the following conditions:
Funding
The Exchange Visitor has received any funding (including nominal travel grants) from their home government, the U.S. government, or if they are named as a PI in a U.S. government grant or U.S. government-funded fellowship specifically designed for exchange, such as Fulbright.
Skills List
Exchange Visitors are identified by their home government as being in short supply, and their field has consequently been included on the U.S. government’s Exchange Visitor Skills List.
Graduate Medical Training
J status is sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG).
What is prohibited when subject to 212e:
Exchange Visitors subject to the 212(e) home residence requirement are not permitted to change their status to ANY other immigration status from within the U.S.
What is permitted when subject to 212e:
Exchange Visitors may be permitted to depart and return to the U.S. in other non-immigrant classifications, such as F-1 student, B-1/ B-2 visitor, O-1, or TN, prior to fulfilling or waiving 212(e).
May also return in another J-1 classification if no J Visa 12 & 24 Month “Bars” on Repeat Participation apply.
Waivers of Two-Year Home Residency Requirement
Any ECU-affiliated J-1 Exchange Visitor considering applying for a waiver of the two-year home residency requirement must first have a meeting with their International Scholar Program Coordinator before beginning the application process.
- Contact visitingscholars@ecu.edu for further information.
- Office of University Counsel- Immigration: immigration@ecu.edu or call 252-328-6940 for assistance with employment-based immigration matters. This mailbox is monitored by our Director of Immigration, Erin F. Eatman.
Applying for a waiver will impact their ability to extend or amend their current J-1 visa status.
Please note that many waiver applications are taking more than a year to be approved.