Two-Year Rule

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).

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

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 two 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.

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…”

Why Am I Subject?

Not all J visa-holders become subject to the Two-Year Rule. There are three 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'm 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.