J-1: TWO-YEAR HOME RESIDENCY REQUIREMENT BASICS
What is the Two-year Home Residency Requirement?
At Kennedy Law, we help J-1 exchange visitors navigate the two-year home residency requirement under INA § 212(e)—a rule that can block you from obtaining a green card, H-1B, or L-1 visa. Whether you’re a physician, researcher, or educator, we provide clear, strategic guidance to secure the waiver that best aligns with your career and immigration goals.
Who May Be Subject
You may be subject to the two-year home residency requirement if any one of these applies:
- Government Funding – Your program was financed (in whole or in part) by the U.S. government, your home government, or an international organization funded by either.
- Skills List – Your field of study or occupation appeared on the Exchange Visitor Skills List at the time your J-1 was issued (last revised in December 2024).
- Graduate Medical Training – You participated in medical education or training in the U.S. (such as a residency or fellowship), particularly through a program sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG).
➤ If none of these apply, you may not be subject.
➤ If one or more do, you may still qualify for a waiver or exemption.
RULE DOES NOT PREVENT
- Traveling in and out of the United States on other nonimmigrant visas (such as F-1 student or B-1/B-2 visitor)
- Living in another country—however, time spent outside your home country (such as in Canada or the U.K.) does not count toward fulfilling the two-year requirement
SPOUSES and CHILDREN
The two-year residency requirement also applies to J-2 dependents, including spouses and children, if they obtained J-2 status. If your spouse or children held J-2 dependent status, and you—the J-1 principal—are subject to the two-year rule, they are also subject to the same requirement. If they never held J-2 status, the rule may not apply to them.
J-1 Waiver Options: 5 Main Paths
Waiver Options - 5 Main Paths to Request a Waiver if You are Subject to § 212(e)
If you are subject to § 212(e), there are five main paths to request a waiver:
- No Objection Statement Your home country government submits a formal letter to the U.S. Department of State indicating it has no objection to your remaining in the U.S. This option is not available to exchange visitors who received U.S. government funding or completed medical training.
- Exceptional Hardship Waiver You may apply for a waiver if returning to your home country would cause exceptional hardship to your U.S. citizen or lawful permanent resident spouse or child. This requires more than separation—it often involves health, psychological, or humanitarian evidence.
- Persecution Waiver If you fear persecution in your home country based on race, religion, or political opinion, you may request a waiver under this ground. Supporting evidence, including documentation of country conditions and personal risk, is required.
- Interested Government Agency (IGA) A U.S. federal agency may request a waiver on your behalf if it determines your continued presence in the United States is in the public interest. This is commonly used for researchers, scientists, and physicians working on projects of national importance.
- Conrad 30 and State-Based Physician Waivers State health departments may sponsor up to 30 physicians per year for a waiver if they agree to work in medically underserved areas. This is the most common route for international medical graduates (IMGs) completing residencies in the U.S. For more information on the Conrad 30 waiver for physicians, click below.
The Waiver Process
- Step 1: Determine whether you are subject to the two-year requirement under current law and the 2024 Skills List.
- Step 2: Select the appropriate waiver category based on your situation.
- Step 3: Complete Form DS-3035 and submit all supporting documents.
- Step 4: For hardship or persecution waivers, file Form I-612 with USCIS before the Department of State makes a recommendation.
- Step 5: Await review and decisions from both the Department of State and USCIS.
Processing times vary by waiver type. We will monitor your case and guide you through each step.
KENNEDY LAW - OUR COMMITMENT
Ready to Move Forward?
If you're unsure whether you’re still subject to the two-year rule—or if you’re ready to begin a waiver application, Kennedy Law can help. Contact us today to schedule a consultation. We’ll evaluate your options, explain the process, and create a strategy that moves your career and life forward in the United States.
Why Work with Kennedy Law?
Kennedy Law understands the high stakes involved in J-1 waiver applications. Whether your case involves hardship, persecution, or a Conrad 30 waiver, we take the time to understand your professional background, personal circumstances, and long-term immigration goals before tailoring a strategy that fits.
Every submission is meticulously documented to meet the evidentiary and procedural requirements of the Department of State, USCIS, and related agencies. You will receive direct attorney guidance, consistent updates, and a clear plan to move from waiver approval to your next immigration step.
Here’s how we help:
- Determine Your Status
Evaluate the latest rules whether you are still subject to the two-year rule under current law. - Choose the Best Waiver Path
Identify whether hardship, persecution, or Conrad 30 offers the strongest route. - Prepare All Aspects of Your Case Thoroughly
Draft personal statements, hardship evidence, and supporting documentation. - Coordinate with Agencies
Manage communications with home governments and U.S. authorities. - Plan Ahead After the Waiver
Map your next step toward H-1B, permanent residency, or family-based immigration.