212e Home Residency Requirement

The two-year rule, also known as the home residency requirement, or by its regulation number 212(e), is a requirement that aims to ensure that the exchange visitor’s home country benefits from their experiences in the United States.

This means that certain J-1 nonimmigrants and their family members must return to their home country for a total of two years after completing their J exchange visitor program before being allowed to apply to return to the United States on an H or L nonimmigrant visa or to apply for US permanent residency.

Who is subject to the home residency requirement?

You and your family members* are subject to the two-year home residency rule if any of the following criteria is true:

• You receive funding for the specific purpose of international exchange from your home government or the United States government.
• Your skills, education, or occupation are listed on the US Department of State’s “Skills List.” According to the J Exchange Visitor Program rules, an exchange visitor is acquiring a skill, education, or training in a specific occupation. Countries submit to the United States government a list of skills that are in short supply in their country. The Department of State maintains the official Exchange Visitor Skills List.
• You’re taking part in graduate medical education or a training program such as residency, intern, or clinical fellowship sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG).

Please note: Even if none of the above criteria is true, officers have discretion (during the visa interview or upon entry into the US) to subject J-1 exchange visitors and their dependents to the home residency requirement by noting so in the visitors’ documents.

*Regulations state that whatever rules the J-1 principal may be subject to also apply to any family member(s) in the J-2 status.