Two-Year Physical Presence Requirement 212(e)

J-1 visitors and their J-2 dependents (legal spouse and children under age 21) who meet at least one of the criteria listed below are subject to this rule:

• Home Government Funding. J-1 visitors who receive funding directly from their home country's government are subject to the 212(e) requirement.

• U.S. Government Funding. J-1 visitors who receive funding directly from the U.S. government are "subject" to 212(e). Funding received as salary from SD Mines grants to the department is not considered government funding for this purpose. However, there are some exceptions, which include grants that are specifically targeted for international exchange. Fulbright funding is U.S. government funding.

• Funding from an International Organization or Bi-National Commission. J-1 visitors who receive funding from International Organizations or Bi-National Commissions (organizations that receive their funding from government sources), such as the United Nations, NATO, or the European Community.

• The Exchange Visitor Skills List. J-1 visitors whose area of specialization has been identified as being in short supply by her/his government of legal permanent residence are considered "subject". - The exchange visitors' skills list was updated on December 9, 2024. For more information, visit: U.S. Department of State Skills List

• Medical Education and Training. Any J-1 visitor is subject to if he/she is a foreign medical graduate and came to the U.S. to obtain graduate medical education or training.

If you are subject to the two-year home residency requirement, you cannot change your status inside the United States.

EXAMPLE: You enter the US in J-1 student intern status at a university and then want to study at the next level at that same university, you would most likely want the F-1 visa. You cannot change your status while you are in the US. You may leave the US and apply for the F-1 visa in your home country and then return to pursue your academic program. HOWEVER, the two-year home residency requirement still applies to you until you 1) satisfy the requirement, or 2) are granted a waiver.

You may apply for a waiver of the two-year home residency requirement while you are in the US in F-1 status if you are eligible. This is done through the US Department of State.

• Statement from the exchange visitor's home country that it has no objection to the waiver

  • This is most common for our students

  • If this is the basis for your waiver application, you should contact your embassy or consulate for waiver procedures BEFORE you start the application.

• Request for waiver made by an interested U.S. government agency

• Interest of a state agency (only for alien physicians)

• Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the exchange visitor

• Fear of persecution on account of race, religion, or political opinion

Resources:

• Skills List

• Waiver Eligibility

• Survey to help clarify if you are subject to the requirement

Advisory Opinion:

After completing the survey on the page above, you may want to request an advisory opinion. If you believe you are eligible, we recommend requesting an advisory opinion from the State Department before applying for the waiver. There is no cost for this service, but it does take a bit of time.

If you choose to request an advisory opinion, you will receive a case number. This will be the same case number for your visa waiver application.