Two-Year Rule for J-1 Student-Interns

Some visa holders are "subject to" a requirement that they return home for at least two years after their exchange visitor program. This requirement is commonly referred to as either the Two-Year Rule, Two-Year Home Rule, or 212(e).

Update December 2024: The U.S. Department of State has published a revised Skills List, effective immediately. The list determines whether J-1 Students and Scholars are subject to the 2 year home residency rule due to their field of study or research. J-1 visa holders who are citizens of countries removed from the new list, such as China, India, South Korea, and Brazil, will be RETROACTIVELY RELIEVED of the two year home residence requirement, if the only grounds for 212e was the Skills List. Note that EVEN IF your visa stamp and DS-2019 say you are subject, if this new guidance applies to you, you do not need to fulfill  the 2-year home-residence requirement.

It is not the same as the 24-Month Bar that only applies to J-1 Research Scholars and Professors.

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What does it mean if I am subject?

J visa-holders or former J visa-holders who are subject to the Two-Year Rule must reside and be physically present in their “home” country for 2 years before being eligible for certain immigration benefits. While subject to this requirement, you:

  • Are ineligible for an immigrant visa or for adjustment of status to lawful permanent resident (immigrant/green card) status.
  • Are ineligible for an H visa (temporary workers and dependents), an L visa (intracompany transferees and dependents), or a K visa (fiancé and dependents).
  • Are ineligible to change your nonimmigrant status within the U.S. from J to any other nonimmigrant category except A (diplomatic), G (international organization), or U (victims of qualifying criminal activity) statuses.

Generally, the country which was your country of legal permanent residence when you received your J-1 status is the country to which you must return to fulfill the Two-Year Rule.

How do I know if I'm subject?

There are generally two places you can look to find out if you are subject:

1. Your DS-2019s

Look at the bottom left corner on your DS-2019s that you presented to a U.S. consulate. When you applied for your J-1 visa, the consul officer should’ve marked this area to show if you’re subject or not. If you didn’t apply at a consulate, then this section likely is still blank.

image of a DS-2019 document highlighting where to look for 2-year rule

Sample DS-2019: Click to see larger image.

2. Your Visas 

Look at the bottom of your J entry visas. This section usually indicates “BEARER IS SUBJECT TO 212(E). TWO YEAR RESIDENCY RULE DOES APPLY” or “BEARER IS NOT SUBJECT…”

Image of J visa with area highlighted

Sample visa: Click to see larger image.

Why am I subject?

Not all J visa-holders become subject to the Two-Year Rule. There are 3 grounds on which an exchange visitor can become subject:

  • If the exchange visitor is financed by the U.S. government or a foreign government for the purpose of coming to the U.S. on the J-1.
  • If the skill(s) that the visitor is coming to develop or work with are in a field that the visitor’s government requested to be included on the State Department’s skills list.
  • The visitor is coming to the United States to receive "graduate medical education or training." Only medical doctors are subject in this case.

What if I am unsure whether I am subject?

If you still are unsure whether you are subject to the Two-Year Rule, you may request an Advisory Opinion from the Department of State.

Can I apply for a waiver?

If you are unable to return to your home country to fulfill the Two-Year Rule, you must obtain a waiver approved by the Department of State prior to changing status in the U.S. or being issued a visa in certain categories for travel to the U.S. The process of applying for a waiver of the Two-Year Rule is done by you. ISSS is not involved in the waiver process. Review the Department of State’s waiver information to see your eligibility and instructions.

IMPORTANT: If your waiver is granted, you are no longer eligible for a J program extension.

Last updated: May 20, 2021