Skip to main content Skip to secondary navigation

Subject to 212(e)

Main content start

If the prospective employee was ever in J status, he/she could be subject to the 212(e) two year home country requirement.

This requirement is clearly marked on the passport visa page and on the DS-2019.

  • Check the J-1 visa page to see if the notation says Subject to 212(e) Two year rule applies.
  • Check the DS-2019 to see if the US consul marked the box (box #2) for 212(e) on lower left side of DS-2019.

If either or both of these indicators appear, the employee must have a waiver, or be able to prove that he/she spent two years in the home country after the J program was completed and such evidence must be included in the H-1 petition.

If the employee was ever subject to 212(e), the H-1 documentation must include either of these: