Two Year Home Country Residence Rule (212e Rule)
J exchange visitors who:
- were financed in whole or in part, directly or indirectly, by an agency of
the U.S. Government or
- by the exchange visitor's government, or
- are nationals or residents of a country which have been designated by the
Department of State as requiring the skills of the exchange visitor (see the
State Department Skills List in the International Office)
must return to their country of nationality or last residence after
completing their program in the United States, and reside there physically for
two years before they may become eligible to apply for an immigrant or
temporary worker visa (H or L visas). 22CFR514.44
Waivers to the Two Year Home Country Residency Rule (212e)
It is possible to apply for a waiver from the home country residency
requirement. If approved, the exchange visitor must apply for a change of
immigration status, as it is not possible to apply for a J program extension
once a waiver has been given. Some possible reasons for a waiver application
include:
- Departure from the United States would impose exceptional hardship upon the
alien's spouse or child (if such spouse or child is a citizen of the United
States or a legal permanent alien).
- A return to the country of his or her nationality or last legal permanent
residence would subject the individual to persecution on account of race,
religion, or political opinion.
- The individual's admission to the U. S. is found by the Attorney General to
be in the public interest.
- The foreign country of the alien's nationality or last legal permanent
residence has furnished the State Department Waiver Review Board a statement in
writing that it has no objection to such waiver in the case of such alien. This
statement of no objection shall be directed to the Waiver Review Board through
diplomatic channels; i.e., from the country's Foreign Office to the Agency
through the U.S. Mission in the foreign country concerned, or through the
foreign country's head of mission or duly appointed designee in the United
States to the State Department in the form of a diplomatic note. This note
shall include applicant's full name, date and place of birth, and present
address. Upon receipt of the no objection statement, the Waiver Review Branch
shall instruct the applicant to complete a data sheet and to provide all
DS-2019s and the data sheet to the Waiver Review Branch.
- A United States Government agency may request a waiver of the two-year
home-country physical presence requirement on behalf of an exchange visitor if
such exchange visitor is actively and substantially involved in a program or
activity sponsored by or of interest to such agency.
- A request by a United States government agency, excepting the Department of
Veterans Affairs, on behalf of an exchange visitor who is a foreign medical
graduate who entered the United States to pursue graduate medical education or
training, and who is willing to provide primary medical care in a designated
primary care Health Professional Shortage Area, or a Medically Underserved
Area, or psychiatric care in a Mental Health Professional Shortage Area.
Please go to the State Department's website at http://travel.state.gov/visa/temp/info/info_1296.html for
detailed information on waiver applications.
Also, please note that once a waiver is received, your program sponsors may
not offer you any further benefits associated with your J program. You may
finish your current program, but you may not apply for an extension, or for
academic training.
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