Waiver of Two-Year Home Residency Requirement 212(e)
The 2-year home country physical presence requirement is one of the most unique characteristics of exchange visitor status. This rule is tied to the J-1 exchange visitor’s field of study and country of last permanent residence.
Not all J-1 exchange visitors are subject to this rule. If a student is subject to the 2-year home residency requirement, it is noted on the DS-2019 and on the visa stamp. For more information on waivers, please visit http://travel.state.gov/visa/temp/info/info_1296.html.
To be eligible to return to the U.S. in immigrant (permanent resident/green card) status, H status (temporary worker) you must:
Return to the “home” country and be physically present there for an aggregate of two years; or Receive a 212(e) waiver from DOS and home country