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J-1 Two-Year Home Residence Requirement 212(e)
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| Two-Year Home Residence Requirement 212(e) | 12-Month Bar |
24-Month Bar |
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| Who it affects |
May
affect participants in any category of J-1 exchange visitor
including J-1 Professor, Research Scholar, Short-Term Scholar,
Specialist, Student, as well as J-2 dependents. • Exchange
visitor receives financial support from U.S. or foreign government • Exchange
visitor’s home country’s government has a Skills
List that includes their profession or field of research/study • Exchange visitor has come to the U.S. to seek graduate medical training under the J-1 sponsorship of the Educational Commission for Foreign Medical Graduates (ECFMG). |
Affects prospective scholars seeking J-1 Research
Scholar or Professor classification who have previously held
another J classification (including J-2 dependent). An exception exists for any time spent in the U.S. in the past 12 months in J-1 Short-Term Scholar classification or for cases where the previous J exchange program lasted less than six months. |
Applies
only to J-1 Research Scholars or Professors who have completed
their period of exchange. This includes: • Research
Scholars or Professors who have used the full five years of
maximum eligibility in this classification or • Research Scholars or Professors who have ended their period of exchange prior to the end of their five years of maximum eligibility. |
| What is prohibited |
Exchange Visitor is not eligible for H, L, K or immigrant (permanent resident) visa and cannot apply for change of nonimmigrant status within the U.S. (except to A or G status) until the two-year home residence requirement has either been satisfied in the country of the exchange visitor’s last residence, or unless the requirement has been waived by favorable recommendation of the U.S. Department of State and by approval of the U.S. Department of Homeland Security. | Prospective J-1 Research Scholar or Professor is not eligible to begin new period of exchange for a period of 12 months (one year) after completion of any previous J exchange program (with the exception of exchange visitors whose last exchange program falls under the Short-Term Scholars category as discussed above). | Scholar who has completed a period of exchange
as a J-1 Research Scholar or Professor may not return to U.S. in J-1 Research Scholar or Professor category for 24 months (two years). |
| What is not prohibited | The Exchange Visitor may be permitted to depart and return to the U.S. in other nonimmigrant classification, such as F-1 student, B-1/B-2 visitor, O-1 or TN prior to satisfying or waiving 212(e). May also return in another J-1 classification, if no bar applies. Time spent in the U.S. in other classifications, however, does not count toward fulfillment of two-year home residence requirement. | This bar does not prohibit entry to the U.S. in other immigration categories. | This bar does not prohibit entry to the U.S. in other immigration categories. |
| ISSO |
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