What is the 2-year home residence requirement?
This is part of the Immigration and Naturalization Act (section 212e). The J visa was created to increase the exchange of knowledge and to increase communication and understanding between nations. In order to accomplish the exchange goals of the J program, Congress created section 212e to ensure that significant numbers of exchange visitors return home at the end of their J programs. 212e does not apply to all exchange visitors. It applies whenever an exchange visitor receives government funding (U.S. government or other government source). It also applies if the exchange visitor’s country of nationality publishes a “skills list” containing the exchange visitor’s career specialty. Many countries publish a skill list of essential specialties which are needed in the home country for its continued development. Many countries do not publish a skills list. 212e also applies to visitors who are in the United States for graduate medical educational programs.
U.S. law provides that certain J-1 visa holders must return to their home country and be physically present there for two years before being eligible to return to the U.S. in immigrant (permanent resident/green card) status, H (temporary worker) status, or L (intracompany transferees) status. In addition, while in the U.S. persons subject to this rule will not be eligible to change their nonimmigrant status from J to permanent residence or to any other nonimmigrant category except A or G.
This is part of the Immigration and Naturalization Act (section 212e). The J visa was created to increase the exchange of knowledge and to increase communication and understanding between nations. In order to accomplish the exchange goals of the J program, Congress created section 212e to ensure that significant numbers of exchange visitors return home at the end of their J programs. 212e does not apply to all exchange visitors. It applies whenever an exchange visitor receives government funding (U.S. government or other government source). It also applies if the exchange visitor’s country of nationality publishes a “skills list” containing the exchange visitor’s career specialty. Many countries publish a skill list of essential specialties which are needed in the home country for its continued development. Many countries do not publish a skills list. 212e also applies to visitors who are in the United States for graduate medical educational programs. If 212e applies, it prevents an ex
Related Questions
- Can J-1 holders avoid the two-year home residence requirement by becoming a Canadian resident or staying in Canada for two years?
- Can I travel outside of the U.S. after I have received my waiver approval of the Two Year Home Residence Requirement?
- Does marriage to an American citizen eliminate the two-year home residence requirement?
