Not all J-1 visa holders are subject to the “2 Years Home Country Physical Presence Requirement,” but some are.
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. In other words, during your J-1 program and two years after, you will not be able to obtain H, L, or K visas, permanent resident status, or an immigrant visa.
How Do I Know if I’m Eligible for This 2-Year Rule?
If you are already in the United States on a J-1 visa, you will need to check your visa status. If you see the inscription, “Bearer is not subject to section 212 (e) 2-year rule does not apply”, that means that you are not subject to this rule.
In Which Case Does the Rule Apply?
If you are not yet on a J-1 visa, you will be subject to this rule if:
- A government agency funds your exchange visitor program
- Your country and your field of activity are on the list concerned by this rule
If a government agency funds your program, you will be subject to the 2-year rule.
If your country is not listed here and your program is not funded by a government agency, you will not be subject to the 2-year rule.
If your country is listed, check here to see if your field is listed, as it may vary by country. If your field is listed, then you will be subject to this rule. If this is not the case, and you also do not get your program funded by a government agency, you will not be subject to this rule.
For more information, see the instructions here.
The 2-Year Rule Waiver
If you are eligible for the “2-year rule,” there is a possibility of waiving it. However, this is only possible if you meet very specific criteria. You will find more information here.
Interested in the J-1 visa? Or have you ever benefited from this visa? Share your experience in the comments below! 🙂
