J-1 Visa Two-Year Rule (212(e)): What It Is and Who It Applies To

What Is the J-1 Visa Two-Year Rule?

Some J-1 participants must spend two years in their home country before getting an H or L visa or a green card.

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Who It Applies to

• Your program was financed in whole or in part, directly or indirectly, by a US government agency or by the government of your home country.
• Your field is on the skills list of your home country.
• You came for graduate medical education or training.

Source: 8 U.S.C. § 1182(e): INA § 212(e)

What It Blocks

Until you have spent at least two years in your home country after leaving the US, you cannot get an immigrant visa or permanent residence, or an H or L visa.

Source: 8 U.S.C. § 1182(e): INA § 212(e)

Advisory Opinion and Waiver

If you aren't sure whether you are subject to the rule, you can ask the Waiver Review Division of the US Department of State for an advisory opinion. It determines whether the rule applies to you by reviewing your exchange program documents.

If the rule applies and you can't fulfill it, you have to apply for a waiver. You apply to the Department of State for a waiver recom­men­da­tion, based on one of five statutory grounds:

• Exceptional hardship to your spouse or child who is a US citizen or permanent resident, if you had to return
• Persecution due to race, religion or political opinion if you returned home
• A request from an interested US government agency on your behalf
• A No Objection Statement from your government
• A request from a designated State Health Department or its equivalent, for graduate medical training

Source: J-⁠1 Visa: Adjustments and Extensions · 8 U.S.C. § 1182(e): INA § 212(e)

FAQs

How do I know if the two-year rule applies to me?

It applies if your program was financed directly or indirectly by the US or your home government, if your field is on your country's skills list, or if you came for graduate medical training. If you are unsure, you can request an advisory opinion from the US Department of State.

Source: 8 U.S.C. § 1182(e): INA § 212(e) · J-⁠1 Visa: Common Questions (US Department of State) · J-⁠1 Visa: Adjustments and Extensions

Can the two-year rule be waived?

Yes, on one of five statutory grounds, for example a No Objection Statement from your government. You apply to the US Department of State for a waiver recom­men­da­tion.

Source: J-⁠1 Visa: Adjustments and Extensions · 8 U.S.C. § 1182(e): INA § 212(e)

Does the two-year rule ban me from the US?

No. You are not prohibited from traveling to the US. Until you have completed the two years, you just can't get an H or L visa, an immigrant visa or a green card.

Source: J-⁠1 Visa: Common Questions for Participants · 8 U.S.C. § 1182(e): INA § 212(e)

The Bottom Line

The two-year rule applies only to some J-1 participants. If it applies, you need two years in your home country before an H or L visa or a green card, unless you get a waiver. This rule doesn't prohibit you from traveling to the US.

Related Terms

• 
  Grace PeriodThe 30 days after your J-1 program ends to prepare your departure from the US.
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• 
  J-1 InternA US exchange visitor category that lets students and recent graduates train at a US company for up to 12 months.
  more
• 
  J-1 TraineeA US exchange visitor category for people with a degree and work experience abroad, with training at a US company for up to 18 months.
  more
• 
  DS-2019The Certificate of Eligibility your J-1 sponsor issues. You need it to apply for your visa.
  more
• 
  24-Month BarAfter a program as a J-1 professor or research scholar, you cannot start another one in these categories for two years.
  more
• 
  Second InternshipDoing another J-1 internship or traineeship after the first one. Possible, but only under clear conditions.
  more
• 
  J-2 VisaThe visa for the spouse and unmarried children under 21 of a J-1 participant who come along or join later.
  more

Sources

1. 8 U.S.C. § 1182(e): INA § 212(e)
2. J-⁠1 Visa: Adjustments and Extensions
3. J-⁠1 Visa: Common Questions (US Department of State)
4. J-⁠1 Visa: Common Questions for Participants