The two-year home residence requirement is a U.S. immigration rule that requires certain individuals who participate in a J-1 Exchange Visitor Program to return to their home country or country of last legal permanent residence (as indicated on their Form DS-2019) for an aggregate period of two years upon conclusion of their J-1 program. This is known as the two-year home country physical presence requirement under Section 212(e) of the U.S. Immigration and Nationality Act. This requirement is commonly referred to as “212(e).”                                   

Review the U.S. Department of State (DOS) Exchange Visitor page for further details about this requirement.           

The purpose of this requirement is to ensure that certain J-1 Exchange Visitors fulfill the exchange nature of their program and share the knowledge gained in the U.S. with colleagues in their home country.                 

J-1 Exchange Visitors become subject to 212(e) in one of three ways:                                

1. Receiving funding (direct or indirect) from either their home country government or the U.S. government. All J-1 Exchange Visitors sponsored by the NIH are subject to 212(e) under this basis (since the NIH is a U.S. government agency). Even if you were not directly funded by the NIH (for example, you received funding from an outside source), indirect funds were used to support your stay at the NIH, and so you are subject.
2. Possessing a skill that is in short supply in the home country as per the Exchange Visitor Skills List.
3. Participating in a graduate medical education or training program sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG).

Do not assume that the 212(e) notation on your visa stamp or Form DS-2019 is correct. Errors are common, and an individual’s circumstances may change after arrival to the U.S.​  

If you, the primary J-1 Exchange Visitor, are subject, then yes, your J-2 dependents are also subject.      

J-1 Exchange Visitors subject to 212(e) cannot change to another immigration status while inside the U.S. Exceptions may apply when changing to an A (diplomatic) or G (international organization) status. In addition, those subject are not eligible to acquire H or L visas, or obtain U.S. lawful permanent residence (immigrant) status.    

Luckily, the 212(e) restrictions do not mean that you can never return to the U.S. until you have spent two years in your home country – see question above (What restrictions are associated with 212e?). There are some allowances while subject to 212(e), such as:                          

• You may be eligible to extend or transfer your current J-1 status within the maximum duration allowed for researchers, provided there is a continuation in your research objectives.
• You may be eligible to return to the U.S. under a new J-1 program. Certain restrictions apply, such as a limit on repeat participation. You must discuss your J-1 eligibility with your prospective J-1 program sponsor.
• You may be eligible to return to the U.S. under the temporary visitor program for tourism (B-2/WT) or business purposes (B-1/WB).
• You may be eligible to return to the U.S. to pursue a course of study (e.g. F-1 Student) or work in certain employment statuses (e.g. O-1 Alien of Extraordinary Ability).
• You may be eligible to return to the U.S. OR change to A (diplomatic) or G (international organization) status.
• Additional immigration options may be available to you depending on your individual circumstances.
  

You must review your eligibility carefully. Final determination will be made by the Department of State (DOS) and/or the Department of Homeland Security (DHS).​           

You may fulfill the requirement by:                    

1. Returning to your home country (noted “country of last legal permanent residence” on your Form DS-2019) for an aggregate period of two years (not necessarily continuous).​
   
   

OR                     

2. ​​​Obtaining a waiver from the U.S. Citizenship & Immigration Services (USCIS), DHS. Note, however, that some waivers require an initial favorable recommendation from the Department of State (DOS).​​         

A waiver is an immigration benefit granted by the U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). It removes the two-year home country physical presence requirement (commonly referred to as “212(e)”) and associated restrictions from a J-1 Exchange Visitor subject to 212(e).               

However, certain waivers require an initial favorable recommendation from the Department of State (DOS) before being granted by the USCIS. DOS will provide a letter with their decision to recommend or not recommend the waiver. DOS also forwards its recommendation letter to USCIS. USCIS will then formally approve or deny the waiver on Form I-612.     

You must apply for a waiver. There are several different pathways to request a waiver. Determine the appropriate basis for your individual circumstances and make your application directly with the DOS Waiver Review Division.               

If you are or have been sponsored and/or funded by NIH, during the review of your waiver application, DOS will contact NIH for our sponsor views (see question below - What are “Sponsor Views”?). Please review NIH’s specific requirements on when we can support a No-Objection Statement (NOS) waiver (i.e. issue favorable sponsor views). If you are sponsored by NIH, please contact DIS before submitting a waiver application or taking any action that may affect your immigration status.

A No-Objection Statement (NOS) waiver is one of the types of waivers. It is a common basis for Exchange Visitors to apply for a waiver, which requires their home country government to confirm they have “no objection” to your obtaining a waiver. To learn about this type, visit the DOS Waiver Review Division.               

Please review NIH’s specific requirements on when we can support a No-Objection Statement (NOS) waiver (i.e. issue favorable sponsor views). If you are sponsored by NIH, please contact DIS before submitting a waiver application or taking any action that may affect your immigration status. 

In most circumstances, a J-2 dependent cannot apply for a waiver on their own behalf. This application is not generally necessary since the J-2 benefits from an approved waiver for the primary J-1 Exchange Visitor.           

However, a J-2 dependent may apply for a waiver in the following circumstances:           

• The death or divorce of the primary J-1; or
• The J-2 dependent previously held J-1 status and was subject to 212(e), but has not satisfied the requirement.
  

We suggest that you apply for a waiver when you are able to meet eligibility requirements described by the DOS Waiver Review Division AND the NIH Policy on Sponsor Views for No Objection Statement (NOS) Waivers.     

Understand, however, that applying for a waiver has implications for international travel and extension or transfer of your J-1 status. Contact DIS before submitting a waiver application or taking any action that may affect your immigration status.     

Waiver processing times vary depending on the basis of the waiver application. General processing times are available from the DOS Waiver Review Division.     

Please note that processing times do not begin until all required items are received by DOS. These times are only estimates and subject to change without notice. Additionally, these time frames do not include:     

• The time it takes your embassy to process and/or issue a No-Objection Statement.
• The time it takes the NIH to consider and submit favorable sponsor views.
• The time it takes USCIS to formally approve the waiver.

If you have questions on the process or wish to confirm receipt of materials to the DOS, you can check their online case status system or contact them via their Public Inquiry line. 

It depends on the type of waiver application you submit. To learn about the types of waiver applications, visit the DOS Waiver Review Division.    

Note, however, that if you apply for a No Objection Statement (NOS) waiver, you will need to meet the NIH Policy on Sponsor Views for No Objection Statement (NOS) Waivers for us to support your waiver. In certain circumstances, you will need to provide NIH with confirmation that you have received a job offer in the U.S.​​   

During review of your waiver application, DOS contacts DIS/NIH to learn whether or not NIH supports the waiver. These comments, which can be favorable or unfavorable, are known as “Sponsor Views.” DIS is the only office at NIH with the authority to provide sponsor views to DOS. We do not begin our review for sponsor views until formally contacted by DOS.    

After receipt of the DOS request for sponsor views, DIS/NIH will generally consider issuing favorable sponsor views based on the NIH Policy on Sponsor Views for No Objection Statement (NOS) Waivers.    

No. The job offer must be made directly to the primary J-1 Exchange Visitor.    

Review the NIH Policy on Sponsor Views for No Objection Statement (NOS) Waivers to learn what to submit.   

It takes DIS/NIH up to thirty (30) days to consider a favorable sponsor view after receipt of the DOS sponsor view request AND the documents per the NIH Policy on Sponsor Views for No Objection Statement (NOS) Waivers.  

You can check the status of DIS/NIH sponsor views on the DIS sponsor views case status page. Enter your DOS waiver case number in the relevant field to check the status of sponsor views.  

Unfortunately, this is typically not possible. Refer to the NIH Policy on Sponsor Views for No Objection Statement (NOS) Waivers.  ​

You should speak with an Immigration Specialist prior to traveling if you have a pending waiver application.  

Carefully read the NIH Policy on Sponsor Views for No Objection Statement (NOS) Waivers to learn how long you can stay at the NIH.  

Your J-2 dependents have the same conditions as described in Q18 above (How long can I stay at the NIH after I have received a waiver based on an outside job offer?).  

If you have been offered employment with NIH, send a copy to the Immigration Specialist handling your case.  

If you did not receive the waiver approval notice (Form I-612), contact USCIS.