Visa Regulations & Reminders

Two-Year Home Residency

Definition

Some J-1 Exchange Visitors may have a two-year home residency requirement, also known as Section 212(e). A two-year home residency obligates some J visa holders to return to their home country for an aggregate of two years upon completion of their J-1 program. 

The J-1 Exchange Visitor must first live in their home country for two years or receive a “Waiver” (permission from the J-1's home government and the U.S. government to be released from the two-year home residency) if they want to obtain:

• H visa status
• K visa status
• L visa status
• Change to any other visa status without leaving the U.S.
• Permanent residence in the U.S (green card.)

Two-Year Home Residency May Apply for Three Reasons

J-1 Exchange Visitors have a two-year home residency if any of the following reasons apply:

1. they come to the U.S. with money provided either by their home country government, the U.S. government or some international organizations that receive government money
2. their country of citizenship or country of last permanent residence appears on the U.S. Department of State's Skills List and the J-1’s skill is on the list  
3. they come to the U.S. to obtain clinical training with ECFMG visa sponsorship

J-2 family dependents will also have a two-year home residency if the J-1 has a two-year home residency. The two-year home country residence requirement and other conditions of J-1 status are explained to the J-1 Exchange Visitor on the second page of the DS-2019.

Documentation of Whether the Two-Year Home Residency Applies

• The U.S. Consular Officer and/or the Immigration Officer at the port of entry usually makes a judgment as to whether the J-1 Exchange Visitor is or is not subject to this requirement. The determination is noted in the lower left side of the Exchange Visitor’s DS-2019 and/or on the J visa page of the individual’s passport. 
• It is important to note that these notations from the U.S. Consular Officer and/or the Immigration Officer may not be correct. 
• If you are not sure whether or not you have a two-year home residency, our office can review your visa documents and you may also request an Advisory Opinion from the U.S. government. An Advisory Opinion is a request for U.S. government to review your visa documents and provide a statement as to whether you have a two-year home residency (please note that the Advisory Opinion is not a Waiver; a Waiver is an official release from the two-year home residency whereas the Advisory Opinion is only a clarification as to whether you have a two-year home residency). 
• If you would like a letter template for the Advisory Opinion so that you do not have to write your own letter, please Contact Us and request the Advisory Opinion letter template.

Waiver from the Two-Year Home Residency

A Waiver is permission from the J-1's home government and the U.S. government to be released from the two-year home residency.

• If you do not intend to stay in the U.S. after your maximum allowed period of stay of J visa status, you do not need to do anything about your two-year home residency and should not apply for a Waiver.
• If you would like to stay in the U.S. for more than the maximum allowed period of stay, you should apply for a Waiver approximately 15-17 months before your maximum allowed period of stay.
• Applying too early or too late could significantly limit your future visa options (you will not be able to transfer your J visa status or get another extension of your DS-2019 after you get the actual Waiver).
• You can start the Waiver process on the U.S. Department of State's website and contact your country’s Consulate/Embassy in the U.S. for a “No Objection Statement.”

The entire Waiver process can take many months.  If the J-1 receives a Waiver, the J-2 family is also released from the two-year home residency. If you have started the J waiver process do not travel outside the U.S. while the waiver is pending or after the waiver is approved. International travel will negatively impact the waiver.

Repeat Participation

Different from the two-year home residency requirement, J-1 visitors and their J-2 dependents may have a 12 or 24 month bar after the completion of the J-1 program. This is also known as wait time to "repeat participation" in the J-1 Research Scholar/Professor category.

The table below shows how long a J-1 Exchange visitor would have to wait to obtain a new J-1 Research Scholar or Professor visa based on their previous visa category. 

Please note: 

The U.S. government requires significant breaks between J programs even if a bar does not apply.  

Lectures or Consultations

You are authorized to perform research only at the hospital noted on the DS-2019 (the hospital’s main address will be listed on the DS-2019 at the bottom of Box 1) and may engage only in the activity for which the DS-2019 was originally issued.

Any additional employment, salary, lecturing and/or consulting must enhance your current research project and requires a permission letter from our office before the participation occurs.

In order for our office to issue a permission letter, you are required to provide two letters to our office specifying the following items:

1. One letter from the offerer setting forth the terms and conditions to present/lecture/consult, including the duration, number of hours, field or subject, amount of compensation (if any), and description of the activity.
2. One letter from your current hospital's Principal Investigator/supervisor recommending such activity, specifically explaining how the activity is related to your current research project at the Partners hospital, and how the additional activity would enhance your current research program.

Please note that this process of providing letters is legally required for each time you would like to participate in additional conferences, lectures, consultations, etc. even if you are not paid for your participation.

You can participate in and/or be paid for a research study ONLY if it is for your own research project.  You cannot participate in and/or be paid for any other research studies. 

You are permitted to work outside of the U.S. without permission from our office.