The Two-year Home Residency Requirement is often referred to as the "212(e)" or the "2-year rule". Only the U.S. Department of State can officially determine if a J-1 or J-2 visa holder is subject to the 2-year rule.
If subject to the 2-year rule, the J-visa holder(s) will have to physically reside in their country of citizenship or last country of legal permanent residence for an aggregate of two years before they are eligible for certain immigration benefits such as an application for an H-1B visa, L visa, K visa, or Permanent Residence. Additionally, if subject to the two-year rule, J-1 and J-2 visa holders are unable to apply for a change of status within the U.S.
Being subject to the 2-year rule does not prevent a visitor from returning to the U.S. in another visa status, such as F-1 (student), B1/B2 (tourist/business) or under the visa waiver program (such as ESTA). For more information on the 2-year rule, please visit the Department of State website.
Who is subject to the 2-year rule?
There are three reasons an exchange visitor (EV) may be subject to the 2-year rule:
- The EV program is funded in part or wholly by the United States government, the visitor's government, or an international exchange organization.
- The EV program is engaged in one or more of the skills listed on the Exchange Visitor Skills List.
- The EV has received graduate medical education or training.
If the EV is subject to the 2-year rule, the dependents of the EV in J-2 status are also subject to the 2-year rule.
How do I know if I am subject to the 2-year rule?
The U.S. embassy will mark whether you are subject to the 2-year rule in one of two places:
**NOTE: It is possible that the consulate marked you subject based on the previous 2009 Skills List. Be sure to review the 2024 Revised Skills List and guidance to determine whether you are still subject. Unfortunately, ISSO is unable to make assessments on behalf of exchange visitors.**
Location: On the bottom left-hand side of any of your DS-2019 forms
Description: Look to see which box(es) are checked in the section titled “preliminary endorsement of consular or immigration officer regarding section 212e…”
Location: On the bottom of your J-1 visa stamp
Description: Look for a statement like “bearer subject to 212e” or "bearer not subject to 212e”
- If the consular officer notes that you are subject to the 2-year rule on your DS-2019 and not your visa (or vice versa): you are subject to the 2-year rule.
- If the consular officer notes on one DS-2019 that you are subject to the 2-year rule, but they do not note in subsequent DS-2019s that you are subject: you are subject to the 2-year rule.
2024 Skills List Update
Please review ISSO News for guidance on the revised 2024 Skills List.
What if the embassy made a mistake?
The embassy marked you subject based on the Skills List posted at the time of adjudication, which means that it is possible that you were subject based on the 2009 Skills List but may not be subject based on the 2024 Skills List. If the embassy marked you subject based solely on the 2009 Skills List and you are no longer subject based solely on the 2024 Skills List, there is no further action to take to no longer be subject. Please see "Who is Subject to the 2-year rule?" above to identify additional reasons you may be subject to the 212e.
With that said, if you feel you have been marked subject to the 2-year rule in error or wish to clarify whether or not the 2-year rule applies to you, you may request an Advisory Opinion from the U.S. Department of State at any time. Requesting an Advisory Opinion does not have any impact your J visa status.
Additional Considerations
- The ISSO cannot extend your DS-2019 end date once a waiver of the 2-year rule has been approved.
- If you intend to apply for a waiver of the 2-year rule, the ISSO recommends that you first extend your J-1 visa status to the maximum end date allowed for your category (five years is the maximum length for a J visa in the Research Scholar category).
- If you have any concerns about the implications of applying for a waiver of the 2-year rule on your J-1 or J-2 visa status, please contact your ISSO advisor. Please note that ISSO advisors cannot assist with the waiver application or determine whether or not you are subject to the 2-year rule.