Two Year Home Residency
Participation in some J-1 Exchange Programs will impose a two-year home residency requirement on the participant and any accompanying J-2 dependents, following the completion of the J-1 program.
Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:
- Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
- Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;
- Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List.
Department of State Skills List
Being subject to regulation 212(e) only dictates that the J-1 and J-2 cannot do any of the following until they have fulfilled the two year home residency requirement, OR received an approved waiver to the requirement.
- Apply for a change of immigration status while in the U.S.,
- Apply for an H-1B or an L-1 visa
- Apply for and receive Legal Permanent Residence in the U.S.
U.S. Department of State Waiver Information
12- or 24- Month Bar
Immigration Services must next determine if the scholar is eligible to participate in the UGA sponsorship. This will involve a review of the person’s immigration history in the U.S., and specifically whether the person has been in the U.S. on a J-type visa (such as J-2 dependent, J-1 student or J-1 scholar) anytime during the previous 12-month period prior to the beginning date of the current request, and also whether they have just completed a previous J-1 scholar or professor program in the U.S. If either of these applies, the scholar may be temporarily (12-24 months) barred from entering the U.S. on a new J visa.
Bars to Re-entering the U.S.