J-1 Visa Two-Year Home Residency Rule Guide

Some J-1 exchange visitors are subject to a requirement to return home for 2 years before they can change to certain visa types or get a green card. Check whether this applies to you and what your options are.

1. Was your J-1 program funded (even partially) by the US government or your home country government?

2. Does your J-1 DS-2019 form show a two-year home residency requirement? (Check "Subject to Section 212(e)")

3. Did you receive specialized training in a field that your home country designated as in short supply (on the Exchange Visitor Skills List)?

Waiver Options (if Subject to 212(e))

No Objection Statement

Your home country government issues a statement saying it has no objection to you staying in the US. Common and relatively easy — but not available if your program was funded by the US government.

Interested Government Agency (IGA)

A US federal agency (NIH, State Dept, etc.) requests a waiver because your continued US presence serves US interests. Common for physicians and researchers.

Conrad 30 (Physicians)

Foreign medical graduates can get a waiver by agreeing to work for 3 years in a medically underserved area. Each state has 30 waivers per year.

Hardship Waiver

If returning home would impose exceptional hardship on your US citizen or LPR spouse or child. Requires strong evidence.

Persecution Waiver

If you would be persecuted upon return based on race, religion, or political opinion. Similar standard to asylum.