J1 visa without 2 year rule Oct 19, 2024 · What is the Two-Year Home Residency Requirement? If you’re on a J-1 visa, you may have heard about the two-year home residency requirement. DOS will review the Skills List every three years to ensure its accuracy. In simpler terms, once your J - 1 Program ends, if you have this waiver, you don't need to stay in your Home Country for 2 years before applying for immigrant or immigrant-intent visas (like H, L, K visas, or green cards). This rule which is put in place by the U. Learn more about the two-year rule. Understanding the J Apr 4, 2018 · 今日は、アメリカJ-1ビザの2年ルール（Two Year Rule）についてご説明したいと思います。一般的に2年ルールと呼ばれているこのルール、J-1ビザだけに適用される特別なルールになります。 Or what happens to your J1 visa and two year home country return rule if you simply just have a gap year between your PGY-1 and PGY-2 training? Can you delay compliance to the 212 (e) rule to after your entire training is done? Jul 18, 2025 · Once the J1 waiver has been approved, your friend is eligible to change status to or apply for an H1B visa, without having to fulfill the two-year home-country residence. § 248. This list plays a crucial role in determining whether J-1 visa holders must return to their home countries for two years after their program ends, as mandated by Section 212 (e) of the amended Immigration and Nationality Act. Before applying for an H1B visa, J1 visa holders must meet one of the following conditions: Dec 13, 2024 · This update removes the two-year home residency requirement for J-1 visa holders from 34 countries, including India, China, South Korea, Saudi Arabia, and the United Arab Emirates. Exchange Visitors who seek a definitive determination from the Department of whether the two-year foreign residence requirement applies to them may request an Advisory Opinion from the Waiver Review Division. Customer: Hi, I came to U. The intent of the Exchange Visitor program is to allow you to complete your program objective and have Dec 9, 2024 · The two year home residency requirement prevents someone from obtaining H, L or green card status before going home for two years or obtaining a waiver of this requirement. In some instances, the J-1 Exchange Visitor visa holder may still be subject to the two-year requirement. Learn how these strategies can help navigate U. Get expert insights to simplify the process! May 21, 2021 · Some visa holders are "subject to" a requirement that they return home for at least two years after their exchange visitor program. Dec 12, 2024 · Big news for J-1 visa holders! Starting December 9, the U. The US J1 visa lets you study, work, or train in the US under an approved program. legally with a J1 Visa Waiver. Now, participants have the opportunity to seek alternative visa statuses or even permanent residency while remaining in the U. Fulfilling Section Aug 23, 2024 · Loving your Work and Travel adventure? Feel at home in the USA? Keep your journey going without a break! With a J-1 Waiver, bypass the two-year return requirement and stay to advance your career. am I considered an overstay ? Oct 24, 2023 · A. Learn how to change from a J1 to an O1 visa, including waiver requirements, timing, and eligibility for extraordinary ability applicants. Mar 25, 2020 · You should all be aware right now that the general rule for physicians on a J-1 Visa for medical school or Residency/Fellowship is that they must follow the 2 year home residence rule or get a waiver (i. Lawyer's Assistant: Congratulations on your marriage! Are you looking to adjust your status to become a permanent resident? Customer: Yes Lawyer's Assistant: Have you already completed the two-year home residency requirement or are you still subject to it? Customer: I’m still subject but I don’t want Apr 19, 2019 · 1. This guide covers cross-border commuting, visa exemptions, and TN status as potential solutions. If you didn’t know this, please review a couple videos here or a written article outlining this process. e. F1 is a student visa what J1 with 2 year requirement does not allow is anything that could lead to you working/living in US. May 14, 2024 · Unraveling the complexities of the two-year foreign residence requirement for J-1 exchange visitors: Understand when and how this critical stipulation under INA 212(e) applies and the flexibility it offers. Learn how advisory opinions and waivers can help clarify or resolve your status. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. The statement “J-1 visa without 2-year rule” refers to categories of the J-1 exchange visitor program where the participant is not subject to this home residency requirement. This requirement is part of U. am I considered an overstay ? Two-Year Rule Many, but not all, J-1 exchange visitors are subject to the two-year home country physical presence requirement. Learn from Immigration Universe Attorneys how to overcome the two-year home residency rule and explore waiver options that fit your situation. Aug 14, 2009 · Change of Status from J1 to F1 with 2 YHRR Hello, I am currently hold a J1 visa with a 2 years home residency requirement (J1 expires on 22nd of September) and I want to change my status to a F1 visa. Mar 12, 2024 · Learn about exceptions and how to waive the J-1 2-year rule. without a waiver. government entities. The end date is June 30 of the 1st, 2nd, or 3rd year or the 4th or 5th year (if you extend your status Sep 29, 2022 · Some J-1 visa holders must return to their home country for two years. This change does not affect individuals subject to the two-year home residency requirement based on other grounds, such as receipt of government funds or those using the J-1 visa for graduate medical education or training. Oct 24, 2023 · Certain J-1 exchange visitors are subject to a foreign residence requirement, mandating they live and be physically present in their country of nationality or last legal residence abroad for an aggregate of at least two years before they are eligible to apply for an immigrant visa, adjustment of status, or a nonimmigrant H, L, or K visa. Those who are subject to the rule must either be physically present in their home country for an aggregate of two years or obtain a waiver before becoming eligible for: H (temporary worker or dependent) and L (intracompany transferee Dec 16, 2024 · Canadian physicians on a J-1 visa face the 2-year home residence requirement but have unique options like cross-border commuting, visa exemptions, and TN status for teaching and research. Change to another nonimmigrant status while in the US. Sep 11, 2024 · The J-1 visa is a popular choice for exchange visitors coming to the United States for a variety of programs, including research, training, and teaching. However, many J-1 visa holders are subject to a two-year foreign residency requirement, often referred to as the "two-year rule. Dec 17, 2024 · Effective December 9, 2024, the Department of State (DOS) has made significant updates to the J-1 Exchange Visitors Skills List. Dec 28, 2024 · This list determines if a J-1 visa holder is subject to the two-year foreign residence requirement, which requires certain J-1 visa holders to return to their home country for 2 years after completing their J-1 program. Sep 26, 2025 · This requirement states that most J-1 visa holders must return to their home countries for at least 2 years after their J-1 visa validity period has expired. Make your dream a reality! What is the Two-Year Rule? The “two-year rule” is a stipulation that many people entering the country on a J1 visa must comply with. government or your home country government, or if you received graduate medical education or training in the United States. What is the Exchange Visitor Skills List? The Exchange Visitor Skills List (“Skills List”) is a list of countries identified by the Secretary of State as having a clear need for individuals with expertise in specific fields of specialized knowledge or skills. No waiver. This rule states that you must return to your home country for a minimum of two cumulative years after your J-1 exchange visitor program. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification. TWO YEAR BAR for J-1 Teacher Visa #1: After the end of the 1-5 year J-1 visa term, teachers must return to their home country to share what they have learned in the US. These amendments cover critical areas like compliance assessment, evidence submission, exceptional circumstances, and waivers for foreign medical graduates. So my question is while I was waiting for my case’s approval inside U. Here’s what you need to know: Key Transitioning from a J-1 to an O-1 visa can feel difficult, particularly for those subject to the two-year home residency requirement. Dec 9, 2024 · The Department intends to review the Skills List every three years and will publish updates as appropriate. Submit your J-1 visa waiver application successfully with these tips. Feb 4, 2025 · What Is the J-1 Two-Year Physical Presence Requirement? Certain J-1 visa holders are required to return to their country of origin for two years, following the end of their exchange program. Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States. Discover how to stay in the U. 4 days ago · With a J-1 waiver, you avoid the two-year foreign residency requirement after an exchange program and you can apply for other visas or a Green Card. In other words, during these two years, you will not be able to obtain H, L, or K visas, permanent resident status, or an immigrant visa. for a specific objective such as a program of study (student), a research project (research scholar) or to teach (professor). ). You will either go to have the J-1 Jan 15, 2025 · The Department of State (DOS) revised the J-1 Skills List, which lists home countries to which foreign nationals are subject to a two-year foreign home residency requirement. What is the two-year home country residence requirement?The J-exchange visitor program requires that after they complete their program, participants must reside in their home country for at least two years. ) . immigration challenges. Meaning, the J1 usually has to agree to return to the Philippines for a minimum of 2 years after the J1 Visa completes. Nov 12, 2025 · In summary, the USCIS policy update concerning the 2-year foreign residence requirement for J-1 visa holders represents a significant stride in improving the clarity of the J-1 visa program. Dec 10, 2024 · Question Revised Exchange Visitor Skills List 1. Posts are instructed to place one of the following notations on each J visa issued: "BEARER IS SUBJECT TO SECTION 212 (e). Learn rules, steps, timelines, and what to expect. This was very unexpected good news that will impact many of our students and scholars. Thanks in advance. Eligibility for Admission U. S. Jan 27, 2025 · In the rule, the Department of State committed to reviewing the Skills List every three years, ensuring the policy remains responsive to global economic and migration trends. J nonimmigrant exchange visitors who were subject to the two-year foreign residency requirement based upon the Skills List at the time of their admission to the United States in J status will no longer be subject to the residency requirement if their country has been eliminated from the list. Although an O1 is allowed but they are very hard to get. It requires you to return home for at least two years after your exchange visitor program. One person couldnt file H1B Dec 11, 2024 · 检查签证：J-1签证上可能标注“Subject to 212 (e)”或“Not Subject to 212 (e)”。 Two year rule does not apply subject to 2 years rule 提交Advisory Opinion申请 如果不确定是否适用两年回国限制，可以向美国国务院豁免审查部门（Waiver Review Division）提交咨询意见申请。 所需材料： Learn how to apply for a J-1 visa waiver so you can avoid the two-year home-country residence requirement and stay in the United States after your exchange program! Customer: When a J1 visa is "cancelled without prejudice", does the 2 year rule still apply? This J1 visa was cancelled when I got a new J1 visa. Footnotes Jun 27, 2025 · The two-year foreign residence requirement can delay or prevent J-1 visa holders from pursuing permanent residence or other nonimmigrant visas in the U. I have a job offer and I'll get a H1B, but I need to know weather I need a waiver for my first J1 or not. 2. Department of State (and in some circumstances in collaboration with foreign governments) requires that certain J Exchange Visitors return to their country of nationality or […] May 19, 2006 · Individuals subject to the J-1 two-year residency rule are not eligilbe to file a change of status petition. The well-known two-year guideline The Two-year Home Residency Requirement is often referred to as the "212 (e)" or the "2-year rule". You must be physically present in the home country for a total of two years before being able to apply or petition for any immigrant or nonimmigrant status in the U. 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 Dec 9, 2024 · Where the 2-year rule applies, the individual is generally prohibited from acquiring H-1B visa status or permanent resident status in the United States, unless and until they either return to their home country for two years to satisfy the requirement, or obtain a waiver of that requirement (a “J-1 waiver”). , H1, L1, etc. Fragomen can help you determine if you are subject to this requirement and how to waive it. Dec 9, 2024 · The State Department updated the J-1 Visa Skills List, removing home-country residency rules for some. The Department of Homeland Apr 10, 2024 · Compliance with the two-year home-country physical presence requirement is monitored closely by the U. with a J1 visa without 2 year rule with a program called work and travel and before my visa expired I applied for a change of status from J1 to F1 status without leaving U. 8 C. May 30, 2025 · Transitioning from a J-1 visa to a green card is absolutely possible, but it requires careful planning, attention to legal restrictions, and proper documentation — especially for those subject to the two-year foreign residency rule. This list is utilized by the Department of State and the Department of Homeland Sep 12, 2025 · A J-1 waiver allows you to bypass the 2-year home-country presence rule required for many exchange visitors. Do I still have 2 years rule requirement? Learn how to apply for a J1 waiver and avoid the two-year home-country rule. consulate (if Mexican). Students and researchers who have obtained a J-1 visa (Exchange Visitor Program) subject to the two-year home-country physical presence requirement in Italy (the visa must expressly state “two years rule does apply” or “bearer is subject to 212 (e)”) and who wish to extend their research in the United States beyond the two-year period or accept job offers from U. J-1 Exchange Visitors and accompanying J-2 dependents may be subject to a two year home country residence requirement. The 12- and 24-Month Repeat Participation Bars for J visas The 12- and 24-month repeat participation bars can affect J-1 Exchange Visitors and their dependents Dec 18, 2023 · Unfortunately, switching from J-2 to H1B without waiving the 2-year home country rule is generally not possible. entities or Dec 17, 2024 · The US state department has updated the Skills List, removing the two-year home residency requirement for J-1 visa holders from 37 countries. in certain J visa categories. J1 waiver requirements and process - detailed J-1 waiver application process for 2-year home residency , J-1 visa waiver procedures, J-1 visa waiver requirements, and how to get J1 waiver. Nov 9, 2023 · A J1 Waiver is a provision that allows J - 1 visa holders to be exempted from the "Two-Year Home-Country Physical Presence" requirement. The 2-year rule applies to J-1 visa holders, and overcoming it is typically required before changing to an H1B visa. Please review all relevant information available on the Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement webpage prior to filing your online J-1 Waiver Recommendation Application, DS-3035. The J-1 visa covers most types of temporary foreign exchange programs. in J1 or J2 status may be subject to the two-year home country residence requirement (or 212(e), as it is referenced in the Immigration and Nationality Act). Note: What if your country is not on this list? You are not subject to the two-year home-country physical presence requirement on the basis of the Skills List; however, you may nonetheless be subject to the requirement based on funding from the U. Customer: Hello I am in a j1 visa with two year rule and I got married to a USA citizen. Conrad 30, HHS, etc. Jul 13, 2022 · The J1 Visa usually subjects the Philippine Citizen to the 212 (e) Special Skills List / Two Year Home Residency Requirement. While 34 countries are now excluded from this requirement, an additional 27 countries continue to be subject to the two-year rule. As a J-1 Exchange Visitor you came to the U. F. Feb 8, 2018 · There is nothing required to get an F1 (student visa) after a J1 w/2 year requirement. During this time they are not allowed to: Apply for an H, L or K visa or an immigrant visa (Green Card). The home country physical presence requirement, however, does not apply to all J-1 visa holders. Wondering if the J-1 visa two-year rule applies to you? Learn more about these residency requirements and find out if you may be eligible for a waiver or extension. Learn how this impacts J-1 exchange visitors. You cannot apply for green card either. As far as I know, B2 visa holders are not eligible to do internship/traineeship; hence, she needs to get a J1 visa. Learn how to check your status, understand 212(e), and apply for a waiver if needed. My question is that if she is offered a Master's degree next year, will she be able to change her J1 visa to an F1 visa without the Two-Year Home Residency Requirement. TWO YEAR RULE DOES APPLY (Name of country)," or "BEARER IS NOT SUBJECT TO SECTION 212 (e). Francis Law Center, Immigration Law Firm, can guide you through the latest updates. Please note that the 12- and 24- month bars only apply to those who will use or enter the U. Good afternoon, My girlfriend is from Thailand and she will be getting her J1 Visa which will be valid for 3 months without the 2 year rule and will… Feb 18, 2025 · The two-year rule mandates that some J1 participants return to their home country for a minimum of two years after completing their exchange program before they can apply for certain US visa types, such as the H1-B visa or permanent residency (green card). Although both visas are for individuals with extraordinary skills, the rules around J-1 status add complexity to this transition. Jan 11, 2011 · If J1 Visa Comes with 2 Year Residency Rule, then BEWARE of Future Impact if you plan to Study on F1 Visa or Apply for H1B Visa. Understanding the key steps, including how to navigate the waiver process, is critical for a smooth transition. Only the U. Thus, applicants subject to the J-1 two-year rule must obtain their TN / TD at the border (if Canadian) or at the U. Dec 11, 2024 · The US Department of State Two-Year Foreign Residence Requirement INA 212 (e) requires many J-1 visa-holders to be physically present in their last country of citizenship or permanent residence for at least two years after completing their J-1 visa program before applying or obtaining an H visa, L visa, or lawful permanent status. It's advisable to consult with an immigration attorney to explore your specific case details and potential options. Now, 34 countries are exempt from this rule, but 27 countries are still subject to it. J1ビザの2年居住義務 (2-year Foreign Residency Rule) J1ビザで入国後、永住権、Hビザ、Lビザ、Kビザの申請やアジャストメント申請を行うためには、J1プログラム終了後にいったん帰国し、米国外で少なくとも2年間居住しなければならない場合があります。 The J visa carries several bars and requirements that J visa holders and their departments should be aware of. There are five qualifying reasons for a waiver. There are two 2-year bars applicable to the J-1 Teacher Visa. Dec 12, 2024 · New Opportunities Awaiting J-1 Visa Holders The removal of the two-year residency requirement can also lead to new pathways for J-1 visa holders. government agency, your home country’s government, or an For example, if you were a J-1 student subject to the requirement, but then left and immediately returned to the US using as an F-1 student visa, the requirement would still apply to you even after completion of your F-1 program. Like if not this requirement, will you go to certain undesired location/hospital? Customer: Hi, I came to U. You are subject if one or more of the following applies to you: Government funded Exchange Program - You participated in a program funded in whole or in part by a U. J-exchange visitors may not obtain an H temporary worker visa, an L intracompany transferee visa, or permanent residence in the United States. g. That is why H1B is not allowed. Jun 23, 2025 · Understand the legal framework and procedural requirements for obtaining a waiver of the J-1 visa’s two-year home-country physical presence rule. You would need to document your return to your home country for two years, or obtain a waiver. Dec 11, 2024 · The two-year home residency rule used to require J-1 visa holders to return to their home country for two years after completing their program. Department of State can officially determine if a J-1 or J-2 visa holder is subject to the 2-year rule. visas. Exchange visitors subject to the 2-year home country residence requirement must return to their “home” countries for a total of 2 years before being eligible to apply for the following: A What is the Two-Year Home Country Physical Presence Requirement? Certain J-1 Exchange Visitors are subject to a two-year home country physical presence requirement, also known by its regulatory number 212e. Customs and Border Protection may admit the exchange visitor and any accompanying dependent family members into the United States in J-1 and J-2 classifications [1] if each applicant: Presents a valid passport; Valid J-1 or J-2 visa; and Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019), issued in the exchange visitor’s (or Feb 27, 2025 · The U. If you cannot return home for two years, you must apply fora waiver. Overview The 2-year home country residence requirement (also known as 212(e)) is a restriction on the J-1 exchange program intended to avoid “brain drain” from other countries to the United States. This includes current and former exchange visitors. The J visa will often bear a notation as to whether the consulate issuing the visa believes the exchange visitor is subject. You cannot get around the second bar: No waiver applies. com Jan 15, 2025 · This change applies retroactively. If the FMG waiver recipient fails to fulfill the terms and conditions imposed on the waiver, the waiver recipient (and any H-4 spouse and child) once again becomes subject to the 2-year foreign residence requirement. This rule, known as the “two-year home-country physical presence requirement,” was implemented to ensure that a true cultural or intellectual exchange takes place once the J-1 student visa expires Jul 24, 2024 · How to successfully apply for a waiver in order to escape the J-1 two-year home country requirement and apply for a green card or nonimmigrant visa. Who needs to follow this rule? Typically Dec 9, 2024 · J-1 and J-2 nonimmigrant exchange visitors who were subject to the Two-Year Home Country Physical Presence requirement (INA 212e) at the time of their admission to the US or acquisition of J status based on designations in a previously published Skills List, will no longer be subject to this requirement if their country of citizenship or legal Good afternoon, My girlfriend is from Thailand and she will be getting her J1 Visa which will be valid for 3 months without the 2 year rule and will be coming to the USA in May. Apr 4, 2025 · Whether the two years rule is not required for the J1 visa for which you are applying, you are still subject to two years rule due to the old J2 visa as a dependent of J1 who is subject to two years rule. Some exchange visitors (with J-1 visas) are subject to the two-year home-country physical presence requirement. One of the most commonly misunderstood aspects of the J Exchange Visitor Program is the 2 Year Home Residency Requirement. has removed the two-year home residency requirement for citizens of 34 additional countries. Apr 26, 2024 · This guide provides essential information on the J1 waiver process, helping exchange visitors bypass the two-year home rule and extend their stay in the U. law, in the Immigration and Nationality Act, Section 212(e). In this new J1 visa, the "2-year rule does not apply". Feb 27, 2025 · Canadians on a J-1 visa who are subject to the two-year home residency requirement may have options to continue working in the U. Oct 24, 2023 · U. Jul 30, 2012 · J1 visa (with 2 year rule) cancelled without prejudice and I changed to F1. This rule means that certain J-1 visa holders must return to their home country (in this case, India) for two years after their program ends before they can apply for another visa, such as an H-1B or green card. Dec 23, 2023 · According to the J1 visa 2-year rule, once you finish working on a J1 visa, you need to return to your home country for two years before being eligible to apply for any other type of visa (e. Dec 27, 2024 · New DOS changes to the J-1 Visa Skills List take effect December 9, 2024, removing many countries from the two-year home residency requirement. R. May 16, 2024 · J1 visa holders cannot convert to an H1B visa without a waiver if they are subject to a 2-year home residency rule. The Department of State will review your case and send a recommendation to USCIS. See full list on nolo. To assist waiver applicants, these Frequently Asked Questions (FAQs) provide more detailed information than the Eligibility and Instructions webpages. Impact on Current and Future J-1 Visa Holders The implications of this change are significant and immediate. Department of State has published a revised Skills List, effective immediately. What is the Two-Year Home Country Residence Requirement” for J1/J2 visa holders? Those who come to the U. This requirement is commonly referred to as either the Two-Year Rule, Two-Year Home Rule, or 212 (e). This means you must reside and be physically present in your home country for an aggregate of at least two years before you This requirement is variably referred to as the two year home country physical presence requirement and the home residence requirement. Update December 2024: The U. Dec 11, 2024 · Historically, J-1 visa holders were required to return to their home country two years after program completion. Department of State’s December 2024 update to the Skills List retroactively exempts J-1 visa holders from countries like China, India, South Korea, and Brazil from the Two-Year Home Residency Requirement if the Skills List was the only reason they were subject. Feb 26, 2025 · An immigrant visa; Lawful permanent residence; or An H or L nonimmigrant visa or status. The 2 Year Rule Some J-1 visa holders are required to go back to their home country (or country of last residence) for at least 2 years after completing their program. Nov 25, 2024 · The J-1 visa two-year home residency rule requires some exchange visitors to return to their home country for two years before applying for certain U. Failure to comply without securing a waiver of the J-1 Visa two-year home-country rule can result in serious consequences, including ineligibility for a green card, nonimmigrant visa, or change of status. Hello guys, so i came in summer 2018 with J1 visa with the stamp "2 year rule applies" then went back home (Albania) 2019 Came back USA with stamp "2 year rule does not apply" Since than i have stayed in USA, because of 2018 2 year rule i cannot get a Green Card even tho i am married for 2 years with my wife. Without a waiver, J-1 visa holders cannot: Apply for an H, L, or K visa Apply for lawful permanent residence (green card) Change status to most nonimmigrant visa categories within the U. " This rule mandates that certain J-1 visa holders must return The main purpose of j1 visa and these 2 years rule - is to create a real stimulus for you to find a waiver job in underserved location. mhhg yzvm lvmf gsargym ttr sdqkf xbs oymk zetwc wtpki fmewnm jnrpqm nphlkyt uommmr vdwnk