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Two-Year Home-Country Physical Presence Requirement

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As a J-1 visa holder, you may be subject to the Two-Year Home-Country Physical Presence Requirement  [212(e)]. 

212(e), when it is applied, is noted on your DS-2019 signed by the US consular authorities at the time your entry visa is issued. It is also indicated on your entry visa itself. (Canadian citizens are exempt from the entry visa, and your DS-2019 isn't marked to indicate liability under 212(e).)

Restrictions

After completing your J-1 program, you may be required to reside in your home country for a minimum of two years before being eligible for:  

  • H, L, or K visa classification.
  • U.S. permanent residency.
  • Filing a change of status petition from within the U.S. to any other visa classification. 

If the J-1 is subject to this requirement, the J-2 is as well. 

Reasons for Restrictions

You may be subject to the Two-Year Home-Country Physical Presence Requirement if:

  • You receive any funding from your home country government (including travel grants).
  • Your field is on the U.S. government‘s Exchange Visitor’s "Skills List.”
  • You are a Fulbright participant or medical trainee sponsored by ECFMG.

Waiver

Near the end or after the completion of your J program you may find it necessary to apply for a waiver of the requirement. Note that once you submit the waiver application, Stanford cannot extend your stay as a J-1 scholar.