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International Services and Engagement Office ISEO
  1. ISEO
  2. Scholar Services
  3. J-1 Scholars
  4. Two Year Home Country Residence Requirement (212e)

Two-Year Home Country Residence Requirement 212(e) for H, L, K, and Permanent Residence Applicants 

Certain J-1 Exchange Visitors are subject to the 212(e) Two-Year Home Residency Requirement (also referred to as 212(e) or the “two-year home rule”). If you are considered subject to this requirement, you must either:

 

  • Spend a cumulative total of 2 years in their home country (or country of last legal permanent residence) after their J-1 program ends; OR
  • Obtain a waiver of the requirement.

 

It is important to note that scholars subject to 212(e) are not eligible for H, L, or K statuses, or U.S. permanent residency. Additionally, they cannot change to another status while inside the U.S., except to A (diplomatic or government official) or G (international organization) statuses. 212(e) does not affect other visa statuses and scholars may return to the US in the future in other statuses not listed above.

 

Subjectivity is determined based on the following:

  • Government funding – Your J-1 program is financed in whole or in part directly or indirectly by U.S or country of last legal permanent residence;
  • Exchange visitor skills list – You are a national or permanent resident of a country for which your specialized knowledge or skill is in short supply and would benefit from your expertise; or
  • Graduate medical training in the U.S. – You entered the U.S. or acquired J status to receive graduate medical education or training.

 

If any of the above applies to the scholar, they are considered subject to the 212(e). During the time of the J-1 visa appointment, the consular officer will indicate on the DS-2019 and the J-1 visa stamp as to whether someone is subject or not subject to the 212e. If there is a discrepancy between the documents, please reach out to your ISEO advisor for assistance.

Important: While we can assist with the timing of your waiver application, our office is unable to provide further assistance with these applications. In complex cases, you may wish to consult with a private immigration attorney. For information regarding how to find and select an Attorney visit our Legal Matters webpage.

Visit the U.S. Department of State website for more information.

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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 

     

212e-flow-chart.png

 

*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.

 

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Frequently Asked Questions

General 212(e)

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Yes. J-2 dependents are automatically subject if the corresponding J-1 program is marked subject. An advisory opinion stating “Not subject” for the J-1 or a waiver of 212e for the J-1 will also count for all of their J-2 dependents. If a waiver or “Not subject” advisory opinion is not obtained, the J-2 will need to fulfill the 212e requirement of returning to their last country of legal permanent residence for a cumulative 2 years before they will be eligible for H, K, or L statuses, or permanent residency. The J-1 fulfilling the requirement does not count for the J-2 unless they have also fulfilled the requirement.

You are considered subject to 212e until the requirement is met or waived. The requirement for 212e can be met by remaining in your home country (country of last legal permanent residence) for a cumulative 2 years. If you are in the US on another status or residing in another country, this time will not count toward the 212e requirement. Even if it has been many years since you participated in the program that made you subject, or even if you have been outside of the US for many years (but not in your country of legal permanent residence), this does not invalidate the 212e requirement.

212e makes you ineligible for H, L, and K statuses, and for permanent residency until the requirement is waived or met. You are still able to return to the US on other eligible visa statuses, such as J-1, F-1, or B-2. This time spent in another status will NOT count toward your 212e 2-year requirement, as you are not in your home country.

The subject/field code indicated on your DS-2019 is assigned based on the research activity that you will engage in at UC San Diego. This cannot be decided based on whether the subject/field code in question is subject to 212e, as it must accurately represent the research that you are doing. If the Department of State feels that an inappropriate subject/field code was used, they can consider you subject based on their recommended code, meaning that it is in our best interests to assign you an accurate code. We are not able to change this assigned code based solely on scholar and department request.

If you believe you have been marked incorrectly or if you notice that your visa and DS-2019 markings do not match, please reach out to your ISEO advisor. We will review the documents on your behalf and provide guidance. If you should not have been marked subject to 212e or if there is any confusion if you should have been marked, we will recommend that you request an Advisory Opinion. This is when the Department of State reviews your documents and issues a decision on if you are or are not subject to 212e.

Once you are marked subject to 212e on any document, you are considered subject until you have fulfilled the requirement, waived the requirement, or received an advisory opinion stating that you are not subject. This is true even if the 212e marking appears to be incorrect, or if you are not marked subject on later documents or previous documents from your program. If your documents do not match, please reach out to your ISEO advisor so that we can review them.

The Department of State is the final authority on 212e subjectivity and retains the right to decide if scholars are considered subject. In a few rare cases, scholars have received Advisory Opinions that do not match the opinion of the scholar and ISEO regarding their subjectivity. While you can request a new advisory opinion, it is unlikely that the Department of State will issue a different determination. In these cases, we suggest preparing to apply for the waiver or meet the 212e requirement accordingly.

Please meet with your ISEO advisor to discuss specific timing, as we will need to consider your current appointment end date, any pending extensions, and your travel plans. If you are in the research scholar category, please reach out to us in your 3rd year of your maximum allowed 5 years. Before this, it will be difficult for your advisor to offer any timeline guidance, as we will not know what your circumstances and plans are later in the program.  

In general, it is important to not apply for the waiver too early, as once you have reached a certain step in the waiver process we can no longer extend your J-1 program and it becomes very risky to travel internationally. It is also important to not wait too late if you are considering changing status or beginning an H-1B position, as some waiver processes can take up to a year. When you speak to your ISEO advisor, we will help you to understand how to best time your application.

Please reach out to your ISEO advisor to discuss this. When you do so, please be ready to let them know where in the process you are, if you have already discussed the possibility of an extension with your department, and if there are any current plans to extend your J-1 program.

This depends on where you are in the waiver process. Please reach out to your ISEO advisor to discuss this. When you do so, please be ready to let them know where in the process you are and your current travel plans.  

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Frequently Asked Questions

2024 Skills List Update

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You can access the 2024 skills list in the Federal Register. Instructions on how to read the skills list is available on the U.S. Department of State's Exchange Visitor Skills List webpage.

No, you are no longer subject to 212e, as China is not listed on the 2024 skills list. However, if you were marked subject to 212e for government funding or graduate medical training in the U.S., you would still be considered subject. But if you were solely marked subject to 212e based on the skills list, then you are not subject to this requirement.

No, you do not need to get your documents corrected.  Since this new skill list was just released, your visa stamp will still have language that you are subject. If you apply for a visa stamp renewal in the future, the annotation section should be updated to reflect that you are no longer subject. Please make sure to pay close attention to this if you extend your J-1 program in the future and need to renew your visa. But for now, yes, it is fine to have this mismatch on your visa. Note that you do not need to travel at this point to get it corrected.

Even though you arrived in 2023, you are still allowed to use the new 2024 skills list. The U.S. Department of State has indicated that anyone who entered prior to the 2024 skills list can go by the new list and not by the one that was current at the time of entry.

Yes, you are still subject to this requirement. Even though your country is no longer on the skills list, you are still subject based on the graduate medical training that you received in the U.S.

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