The Two-Year Home Country Physical Presence Requirement [212(e)] applies to some J-1 visa holders. After completion of a J-1 program, the scholar may be required to reside in the home country for a minimum of two years before being eligible for the following: H, L, or K visa classification, U.S. permanent residency, or filing a change of status petition from within the U.S. to any other visa classifcation. If the J-1 is subject to this requirement, the J-2 is as well.
You may be subject to the Two-Year Home Country Residence Requirement if:
Near the end or after the completion of your J program you may find it necessary to apply for a waiver of the requirement. Keep in mind that once you have submitted the waiver application, Stanford cannot extend your stay as a J-1 scholar.
The Bechtel International Center does not facilitate or process waiver applications. However, if you plan to apply for a waiver well in advance of completing your program, we encourage you to have a discussion with your supervisor or Principal Investigator about the implications of being unable to extend your J-1 status.If it becomes necessary to change your visa status to H-1, for example, your PI may have to change the source or type of your funding, and will have to pay thousands of dollars in filing and other fees.