Section 212 (e): Two-Year Home Country Physical Presence Requirement

Why would I be subject to 212 (e)?

The most common reason for J1 Summer Work/Travel participants to be subject to 212 (e) is that you have studied or worked in a field on the Exchange Visitor Skills List. You can find your code at the top of the list, then scroll down to your country and see if the code is listed.

If the code is listed, your country has decided you have a skill that is valuable in your country.

For example, if you study or work in architecture, you can see at the link above that architecture is under code (04). If you are from Bangladesh and scroll down, you will see “All of Group (04)” listed under Bangladesh. This means that Bangladesh has decided that their country needs people with skills in architecture.

Click to View Exchange Visitor Skills List

How do I know if I am subject to 212 (e)?

If you are unsure whether you are subject to Section 212 (e), check your J-1 visa and/or your DS-2019. If you have received multiple J1 visas, check all of them.

What do I have to do if I am subject to 212 (e)?

After the end of your J1 visa that has the 212 (e) notation, you must live in your home country for a total of 2 years before you can come back to the U.S. on an H visa, L visa, or in immigrant (permanent resident/green card) status.

Note the word “total.” This means you may come and go from your country, but your total time in your country must add up to 2 years.

While you are in the U.S. you may not change from J status to permanent residence or to any other nonimmigrant category except an A visa or G visa.

Can I apply for another J1 visa, tourist visa, or F1 (student) visa in the next 2 years?

Yes! You are still eligible to apply for all other nonimmigrant visa types at any time.

If I wish to return to the U.S. within 2 years on an H visa, L visa, or in immigrant (permanent resident/green card) status OR if I wish to change from J status to any other nonimmigrant category except an A visa or G visa, what should I do?

You may submit a request online for a waiver to section 212 (e) on the following bases:

  1. Statement from the Exchange Visitor's home country that it has no objection to the waiver.

  2. Request for waiver made by an interested U.S. government agency.

  3. Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the Exchange Visitor.

  4. Fear of persecution on account of race, religion, or political opinion.