What is the 212(e) two-year home-country physical presence requirement for J-1 visa holders?

Some J-1 exchange visitors are subject to the two-year home-country physical presence requirement under Section 212(e) of the Immigration and Nationality Act. This requirement applies if the participant's program was financed by their home government or the U.S. government, if the skills they acquired are in short supply in their home country (as defined by the Exchange Visitor Skills List), or if they received graduate medical training in the U.S.

If you are subject to this requirement, you must return to your home country for at least two years after completing your J-1 program before you are eligible to apply for an H-1B, L-1, or K visa, or for permanent residency (a green card). You may, however, be eligible to apply for a waiver of this requirement. Common waiver bases include a 'No Objection Statement' from your home government, a claim of exceptional hardship to a U.S. citizen or permanent resident spouse/child, or a request by an interested U.S. federal government agency. If you are not sure if you are subject to the requirement, your visa stamp usually contains an advisory opinion, though an official advisory opinion can also be requested from the U.S. Department of State to confirm your status.