Resources > J-1 Visa Application & US Entry

Exchange visitor (J-1) visa

Introduction
Two-year rule

Exchange visitors and their J-2 dependents may be subject to Section 212(e) of the Immigration and Nationality Act, commonly referred to as the two-year rule, two-year home residency requirement, or 212(e). Exchange visitors subject to the rule must fulfill the physical presence requirements (physically present in their home country for an aggregate of two years or obtain a waiver) before becoming eligible for H visas, changes of status applications, or adjustments to US permanent resident status.

Part 1 Subjectivity
Part 2 Fulfillment (how to satisfy)
Part 3 Evidence (how to find out)
Part 4 Advisory opinions
Part 5 Waiver
Part 6 Important remarks

Before they fulfill the two-year rule requirement, they may return to the US with a new visa (other than H, K, L, and immigrant/permanent residence visas). This means that they can rejoin the exchange program or be admitted as an F-1/M-1 student before fulfilling the requirements.

www.fusia.net/twoyearrule

Part 5 Waiver
Two-year rule

If participants cannot fulfill the requirement, they may apply for a waiver of 212(e) from USCIS. Possible grounds for a waiver include the following:

Request a “No Objection Statement” from the exchange visitor’s home government. Generally not possible when US government funds are involved or for foreign medical graduates.

Step 1 Obtain a waiver case number
Step 2 Contact the exchange visitor’s consulate or embassy in the US
Step 3 Have the letter be sent directly to the DOS
Step 4 The DOS will then make a recommendation to the USCIS
Step 5 The USCIS will then make the final determination

Fear of prosecution. If the exchange visitor can demonstrate that the exchange visitor will be persecuted upon return to their home country due to race, religion, political opinion, membership in a particular social group or nationality.

Step 1 Submit an application for waiver directly to the USCIS
Step 2 The USCIS will then forward the decision to the Waiver Review Division

Exceptional hardship to the spouse or child who is a US citizen or legal permanent resident. If the exchange visitor demonstrates that returning to the home country would result in extreme hardship to spouse or child who is a US citizen or legal permanent resident.

Step 1 Submit an application for waiver directly to the USCIS
Step 2 The USCIS will then forward the decision to the Waiver Review Division

The interest of a US government agency. If an exchange visitor is working on a project for or of interest to a US federal government agency and that agency has determined that the visitor’s continued stay is of sufficient importance to its programs,

Step 1 Have the agency prepare an Interested Government Agency (IGA) signed by the head of the agency or its designee
Step 2 Apply directly to the Waiver Review Division
Step 3 The DOS will then make a recommendation to the USCIS
Step 4 The USCIS will then make the final determination

Medically underserved areas. Along with a request of a designated State Public Health Department or its equivalent, a physician who is subject to the two-year rule may qualify for the waiver based on employment in medically underserved areas.

www.fusia.net/twoyearrule