Certain J-1 Exchange Visitors are subject to a two-year home country physical presence requirement. J-1 visitors "subject" to this rule must return to their country of last legal residence for two years or obtain a waiver of this requirement before they are eligible for the H (temporary employment), L (intracompany transfer), K (fiancé) or Permanent Residence (Green Card) categories.

This requirement does not prohibit a visitor from returning to the U.S. in any other immigration status. For example, if the visitor wishes to return as a tourist or student within the two-year period and meets the requirements for those entries, the two-year physical presence requirement does not prohibit this.

• • Home Government Funding. J-1 visitors who receive funding directly from their home country's government are subject to the 212(e) requirement.
• • U.S. Government Funding. J-1 visitors who receive funding directly from the U.S. government are "subject" to 212(e). Funding received as salary from SD Mines grants to the department are not considered government funding for this purpose. However, there are some exceptions which include grants that are specifically targeted for international exchange. Fulbright funding is U.S. government funding.
• • Funding from an International Organization or Bi-National Commission. J-1 visitors who receive funding from International Organizations or Bi-National Commissions (organizations that receive their funding from government sources), such as United Nations, NATO, or the European Community.
• • The Exchange Visitor Skills List. J-1 visitors whose area of specialization has been identified as being in short supply by her/his government of legal permanent residence is considered "subject".
• • Medical Education and Training. Any J-1 visitor is subject if he/she is a foreign medical graduate and came to the U.S. to obtain graduate medical education or training.

If you have a question about whether you are subject to the 212(e) requirement, or how and when to apply for a waiver, you should make an appointment to speak with the Ivanhoe International Center.

Do not assume that your visa stamp or DS-2019 have been marked correctly by U.S. government agencies, especially if any of the above"subject" criteria apply. When an advisor feels the assessment has been made in error, you may submit a request for an advisory opinion from the U.S. Department of State.

Once a "No Objection" recommendation is received from the Department of State, no further extension of the DS-2019 or transfer of the J-1 program is possible. The Department of State has detailed instructions for application of the waiver of 212 (e) at https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html. Fullbright students and scholars very rarely receive waivers.

U.S. regulations, policies, and practices are subject to changes involving the waiver of the two-year home country physical presence requirement. Contact us for further information.

Per Department of State regulations, Exchange Visitors are not eligible for the J-1 Professor or Research Scholar categories if they were physically present in the U.S. in any J status for any part of the 12-month period preceding the proposed program start date for the J-1 Professor or Research Scholar category.

This 12-month bar does not apply to J-1 and/or J-2 participants whose previous presence in J status was less than 6 months, or whose previous presence in J status was as a Short-Term Scholar.

Example: a J-1 student is here for 2 years August 1, 2014 to July 31, 2016. She then goes home on July 21, 2016, ending her J-1 student program. If later on she would like to start a J-1 program in the Professor or Research Scholar categories, the earliest date she would be able to do so is August 1, 2017, 12 months after she leaves the United States.

Scholars subject to the bar may not return to the U.S. on "repeat participation" as a J-1 in the Professor or Research Scholar category for the 24-month period.

The maximum period of participation for the J Professor and Research Scholar categories is 5 years. The 24-month bar will be in effect regardless of whether status in the program is a few days/weeks in duration or the full five years allowed. Whenever an exchange program ends and the SEVIS record becomes "inactive", the five-year window is "closed" and the individual must wait 24 months before beginning a new program as a J Professor or Research Scholar. To take advantage of the full five years of the J Professor or Research Scholar Category, a scholar would need to have an appointment of five continuous years to keep his/her SEVIS record active. Unused time from the five-year window may not be saved for use later.

Example: a J Research Scholar comes for a single academic year (August 1, 2013 to July 31, 2014), then goes home without having her SEVIS record kept open and active in her absence. She would not be able to access the remainder of the five-year period of eligibility. She would be subject to the 24-month bar and would not be eligible to return to the United States as a J-1 Professor or Research Scholar at any institution until 24-months (two years) after the last program ended, which would be August 1, 2016.

Any J Exchange Visitor in the Professor or Research Scholar category (and their J-2 dependents) whose J-1 program ends on or after November 18, 2006 is subject to the 24-month bar. The J-1 program end date can be found in section 3 of your Form DS-2019. The J-1 category can be found in section 4.

J Exchange Visitors in the Short-Term Scholar, Specialist, or Student categories are not subject to the 24-month bar. The J category can be found in section 4 of your Form DS-2019.

If you are subject to the 24-month bar, you will not be able to return to the U.S. as a J-1 scholar in the Professor or Research Scholar category for a two-year period. However, you may be able to return in a different J category or with a different type of visa. You may also consider extending your current J-1 status for a longer period, if possible. It is important that you consult with the Ivanhoe International Center or other institutions if you have plans to return to the U.S. in the future for research or teaching.

The two-year home residency requirement is different and separate from the 24-month bar. See above for information.