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, the J-visa holder(s) will have to physically reside in their last country of legal permanent residence for at least two years before they may return to the U.S. holding an H-1B visa, L visa, K visa, or as a Permanent Resident.
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.
However, 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 or reach out to your ISSO advisor.
Who is subject to the 2-year rule?
There are three reasons a J-1 visitor may be subject to the 2-year rule:
- J-1 program is funded in part or wholly by the United States government, the visitor's government, or an international exchange organization.
- The J-1 program is engaged in one or more of the skills listed on the Exchange Visitor Skills List for their country.
- The J-1 or J-2 visa holder has received graduate medical education or training.
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:
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.
What if the embassy made a mistake?
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.