Scholars

212(e), Waivers, Bars

212(e) – Home Residency Requirement

After completing a J-1 program in the US, some J-1 scholars and their J-2 dependents are required to live in their home country for a period of two years before they are eligible to apply for immigrant status (US Permanent Residency or “green card”) or work visas (H, L or K). This requirement, also known as the Home Residency Requirement, is meant for the home country to benefit from the scholar’s experience in the US. Read more about the Home Residency Requirement on the US Department of State's website. If you are subject, you may not change to another nonimmigrant status in the US. 

212(e) does not apply to all J-1 exchange visitors. If you are subject, there may be a notation on your DS-2019 and/or visa. This requirement applies to you if:

  • You have received funding from the US or your home government;
  • Skills in your subject of research are needed by your home country as noted in the US government's "Exchange Visitor Skills List", or;
    • The US Department of State (DOS) published a revised J-Exchange Visitor Skills List effective December 9, 2024. This revised list removes 37 countries from the Skills List and does not add any additional countries to the list.
    • NOTE: If you were previously on the list but your country was removed as of the 2024 revision than you are no longer subject to 212(e).
  • You have received graduate medical education or training in the US using an ECFMG DS-2019.     

For complete information on the Two Year Residency Requirement, please visit Two-year Home-Country Physical Presence Requirement. 

Waiver of 212(e)

Scholars who are subject to the Two Year Residency Requirement can complete it by spending two years in their home country or they can apply for a waiver of the requirement.  There are five bases for a recommendation for a waiver:

  1. No Objection Statement
    1. The scholar’s embassy in Washington, DC or designated ministry in the scholar’s home country can send a No Objection statement to the US State Department Waive Review Division.  
    2. Each country has their own process. The scholar should check with their embassy or ministry for the steps needed. This process can take 6 weeks to 9 months. If approved, the recommendation is sent to USCIS.
    3. This waiver is not available for those on an ECFMG DS-2019.
  2. Request by an Interested US Federal Government Agency
    1. Scholars who are working on a project of interest to a US federal government agency may request that the agency obtain a waiver on their behalf.  See the list of agencies.
  3. Persecution
    1. If the scholar fears they will be persecuted based on their race, religion, or political opinion when they return to their home country, they can apply for a persecution waiver.  This reason is part of the Form I-612.  
  4. Exceptional Hardship to US citizen spouse or child
    1. If the scholar can demonstrate that their departure from the US would cause a hardship to their US citizen or legal permanent resident spouse or child, they can apply for an exceptional hardship waiver.  This reason is part of the Form I-612.
  5. Request by designated State Public Health Department or its equivalent
    1. This waiver is for foreign medical graduates (ECFMG).  
    2. The employer applies for this waiver on the physician’s behalf following State Public Health Department guidelines.  

The US State Department has an Outline of process to apply for a waiver.  The steps include filing the online J Visa Waiver Recommendation Application, DS-3035, paying the fees, receiving the recommendation, and obtaining the final USCIS determination.  

Scholars should not apply for a waiver unless they have guaranteed plans for H, L, K, or permanent residence status. Once a scholar receives a recommendation for the waiver, they CANNOT extend or transfer their J-1 status. 

Bars

The 12- and 24-month bars determine when a J-1 exchange Research Scholar or Professor is eligible for a second visit to the US.

 J-1 Professors or Research Scholars are barred from participation in the same category for two years or 24 months from the end date of their programs. For example, a Research Scholar with program dates of August 1, 2024 to July 31, 2026 will not be able to return as a J-1 Research Scholar or Professor until July 31, 2028. This also applies to J-2 dependents. This is a different rule from 212(e), the two-year home residency requirement. The bar does not prevent individuals from returning to the United States in any other visa status.

J-1 regulations also state that scholars and dependents who participated in a J program for more than six months are not eligible to return to the US as a Research scholar or Professor until 12 months after exit from the US.  Time spent in the J-1 Short-term Scholar category does not count towards the 12-month bar. The 12-month bar does not prevent individuals from returning to the United States in any other visa status.