Three criteria determine if you are subject to the requirement:

1. Funding Source
   You are subject if you received direct government funding from either the U.S. government or your home government (or government of your last legal permanent residence) during your J-1 program. You are also subject if you received indirect government funding through a bi-national commission or international agency (for example, Fulbright or the U.N.). You are not subject if your funding comes only from indirect government funding through the university, unless the grants were specifically targeted for international exchange (e.g. an NIH or NSF grant through UCSD).
2. Exchange Visitor Skills List
   The Skills List is a listing of subject areas identified as in short supply for your home country. The skills list for each country can be referenced on the Federal Register website. If the subject/field code on your DS-2019 is identified by your country's skills list, you are subject. Some countries do not have a skills list. 
3. Medical Education or Training
   You are subject if you are a foreign medical graduate and came to the U.S. or acquired J-1 status to obtain graduate medical education or training. You are also subject if you were an Alien Physician sponsored by ECFMG.

Important: Your documents (the J-1 visa and the DS-2019) may have been marked by government officials indicating your subjectivity. These documents are sometimes marked incorrectly. If any of these three criteria apply to you, you are subject, regardless of what appears on your documents.

On December 9, 2024, the U.S. Department of State (DOS) issued an updated J-1 Exchange Visitor Skills List to apply a more data-driven approach, factoring in a country’s GDP per capita, size, and outbound migration rates. Many J-1 scholars who were marked subject to the 212(e) Two-Year Home Country Residence Requirement based on the skill list, may no longer be subject to this requirement. Note that this skills list update does not affect your subjectivity if you were marked subject based on government funding or medical training in the U.S. Below are some key things to note regarding the updated skills list:

• If you were admitted to the U.S. in J status or obtain J status on or after December 9, 2024, and your country is on the 2024 skills list, you are subject to the two-year home country physical presence requirement based on the skills list.

• If you were admitted to the U.S. in J status or obtained J status before December 9, 2024, and your country is not on the 2024 skills list, you are not subject to the two-year home country physical presence requirement based on the skills list; however, you may be subject to the requirement based on other factors (ex: funding from your home country government or you received graduate medical education or training in the U.S.).

To confirm whether you are subject to the 212e based on the skills list, please review the Exchange Visitor Skills List page on the DOS website. The 2024 skills list is available on the Federal Register website.

If it is unclear as to whether you are subject to the requirement, you may request an Advisory Opinion from the U.S. Department of State. In preparation for this request, make sure to have legible copies of the following documents (including any dependents):

• J-1 visa page 
• Self-addressed, stamped envelope (pre-paid)
• Supplementary Applicant Information Page
• Cover letter requesting Advisory Opinion
  • This should state why you believe you are not subject to the Two Year Home Residency Requirement.
• Include a relevant documentation that may help the waiver review division determine subjectivity
• Copies of every/all Forms DS-2019/IAP-66 ever issued to you
• Description of your J-1 program(s), program dates, sources of program funding, and any other relevant information pertaining to your J-1 program

Advisory Opinions are currently only accepted via email. Further detailed information about requesting an Advisory Opinion and how to initiate these requests can be found on the Department of State website. 

If you do not wish to fulfill the requirement, you may be able to obtain a waiver by submitting a request to the Department of State. The length of the waiver process varies and can take from 3 to 12 or more months to complete. 

Caution: Once you have received a DOS waiver recommendation, you will no longer be able to extend your J-1 program. It is also not advised to travel. Please reach out to your ISEO advisor before applying. 

Criteria- There are four bases for waiver recommendations:

• Statement of “No Objection” from your Home Country  
  Most J visitors use this method. It is not available to foreign medical graduates who acquired J-1 status to obtain graduate medical education or training. It also may not be successful for those who have received Fulbright grants or substantial U.S. government funding. You must contact your Embassy or Consulate to obtain this No Objection Statement. The statement should be forwarded to DOS directly; therefore, it is recommended that you provide them with the DOS case number for reference.
• Persecution 
  You may apply for a waiver if you can provide substantial documentation that you would be persecuted upon return to your home country or last legal residence because of race, religion or political opinion. You would apply directly to USCIS. You may wish to consult with an immigration attorney before beginning this process.
• Exceptional Hardship to a U.S. Citizen or Permanent Resident Spouse or Child 
  You may apply for a waiver if you can document that returning home would cause exceptional hardship to your U.S. Citizen or Permanent Resident spouse or child. This is an extremely difficult standard to meet as you must demonstrate that the hardship was unforeseeable at the time you began J-1 status. You would apply directly to USCIS. You may wish to consult with an immigration attorney before beginning this process.
• Interested U.S. Government Agency 
  A U.S. federal government agency may apply for your waiver if it can attest that your work is of national significance, that your participation in that work is essential, and that complying with the residence requirement would be detrimental to U.S. national interest. This is a complex and lengthy procedure. You must contact an agency directly to inquire about their procedures for applying for a waiver.

  U.S. Government Agencies who have requested waivers of the 212(E) requirement:

  Agency for International Development Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health & Human Services Department of Housing & Urban Development Department of Interior

  Department of Transportation Environmental Protection Agency National Aeronautics & Space Administration National Bureau of Standards National Endowment for the Arts National Endowment for the Humanities National Science Foundation Smithsonian Institution Veterans Administration

   

*We recommend J-1 scholars schedule an appointment with an ISEO advisor before applying for the 212e waiver. DS-2019s cannot be extended and international travel is not recommended once a waiver recommendation is granted by the U.S. Department of State. If you are a J-1 Research Scholar, please reach out around your 3rd year of the maximum 5 years of J-1 time

Step 1 – Initiate Process with the Department of State:

• Follow the application instructions on the Department of State website to complete form DS-3035
  • You will need your SEVIS Number and copies of all DS-2019s ever issued to you
  • The system will generate a case number, document packet(s), and bar coded cover sheet(s)
• If your funding was paid through UCSD but you are indicated as subject based on government funding, you should also request a letter from your UC San Diego faculty sponsor or supervisor confirming your research field and funding. Please note that UC San Diego salary is not considered government funding even if its original source is from a federal or state grant, unless that source indicates that funding was specifically for international exchange. The confirmation letter should not indicate that you are receiving government funding.
• PLEASE NOTE: If you are applying for a waiver based on the Medical Education or Training criteria, our office has been instructed by the U.S. Health and Human Services Office to sign on the very last line at the bottom of the second page of the form entitled “APPLICATION FOR WAIVER OF THE TWO-YEAR FOREIGN RESIDENCE REQUIREMENT OF THE EXCHANGE VISITOR PROGRAM.”  Gather the complete application and submit to ISEO for signature.
  
  IMPORTANT: It is your responsibility to submit all requested documents and required letters. All correspondence with the Waiver Division should include your assigned case number on all documents and envelopes. Once you have been sent the checklist of items necessary for your application, it will be your responsibility to ensure that your file is complete. If documentation is missing for the application to be processed, the Waiver Review Division will not contact you.

Step 2 – Home Country Government 

• If you are applying for the No Objection Statement waiver, you will need to wait for your consulate to forward the letter to the Department of State Waiver Review Division. Be sure to include your case number. You can ask the consulate to mail you a courtesy copy of the no objection letter when it is sent to the Waiver Review Division. 

Step 3 –  Department of State Waiver Review Division sends recommendation to USCIS

• After review, the Waiver Review Division will forward its recommendation to USCIS. They will send you a notification of the recommendation to the email address provided in on the initial Department of State waiver form DS-3035.

Step 4 – Notified of Decision by USCIS

• USCIS will mail the I-612 Waiver Approval Notice to the address listed on your application. This is the waiver to include with any future petitions. If your application is denied, you will be notified directly.

If you change your address, notify the Waiver Review Division immediately. If your most current address is not on file, the Review Division may not be able to contact you in case additional information is needed to proceed with your case or you may not receive the results of the waiver request.