Tenure Bar
Employees in a tenure track or tenured position are not eligible for J-1 status.
Two-Year Home Residence Requirement
The two year home residence requirement is not an eligibility requirement for participation in the J-1 program. It is briefly discussed here because it may be easily confused with the 24 months bar. You may be subject to the two-year home residence requirement, as set out in Section 212(e) of the Immigration and Nationality Act, for one or more of the following reasons:
- Medical field: International medical graduates may be subject to the requirement.
- Skills list: The education, skill, or training that you are pursuing in the United States appears on the Exchange Visitor Skills List for your home country.
- Government funding: You received funding from the United States government, your home government, or an international organization, specifically in connection with participation in the Exchange Visitor Program.
You are subject during your initial entry in J status; change of program and entry in different immigration status does not erase 212(e). Accompanying J-2 dependents are subject to the requirement if you are subject. Notations on form DS-2019 or visa are occasionally wrong; if you believe you should not be subject, you may request an Advisory Opinion. If you are subject to 212(e), you are not eligible for lawful permanent residence (green card) or for H or L visas until you have been physically present in your home country for a total of at least two years following departure from the United States; or until you have received a waiver of the requirement. Also, you are not permitted to change status in the United States, except to A or G. You may leave the United States and apply for any other non-immigrant visa types, except permanent residency, H, and L.
As a general rule, you fulfill the requirement by physically staying in your home country for an aggregate period of two years.
Residence Requirement Waiver
J-1 principal visa holders can apply for waiver to this requirement. In exceptional cases, such as in case of a death or divorce, or where a J-2 child turns 21, the J-2 visa holder can apply for waiver, with the Department of State acting as an “Interested Government Agency.” A waiver granted to the J-1 applicant covers J-2 dependents, unless a J-2 dependent had J-1 status themselves and was subject to the requirement.
Applications to waive the home residence requirement are considered on one of the following bases:
- Statement of no objection from the home country
- Extreme hardship to a U.S. citizen or permanent resident spouse or child
- Fear of persecution
- Interest of a U.S. government agency
When the Department of State reviews your waiver application, they will send a waiver recommendation letter to the United States Citizenship and Immigration Services, and a copy to you and your program sponsor. The USCIS makes the final decision on your waiver application. Once the waiver recommendation has been given, there can be no extension of Form DS-2019 beyond the end date on your form. Also, you may not transfer to a new J-1 program after the DOS waiver recommendation is issued.