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Home Residency Requirement 212(e)

J scholars and professors may be subject to the 8 U.S.C. § 1182 bar (commonly known as the “212 (e) home residence requirement”), which mandates that certain J-visa holders return to their country of nationality or last residence for an aggregate of two years after departure from the U.S., before applying for permanent residence or an H or L visa or for a change of status inside the U.S. to most other non-immigrant classifications.

The requirement applies to those whose:

  • exchange visitor program has been financed in whole or part by the U.S. or their home government
  • skills are needed by their home country as indicated on the “Exchange Visitor Skills List” created by Department of State
  • purpose in coming to the U.S. is to receive graduate medical education or training
  • status as a J-2 dependent is tied to a J-1 exchange visitor subject to 212(e)