| Policy Aspect | Two-Year Home Residence Requirement - 212(e) | 12-Month Bar | 24-Month Bar |
|---|---|---|---|
| Who it affects | May affect participants and their dependents in any category of the J-1 visa including J-1 Professor, Research Scholar, Short-Term Scholar, Student, and J-2 dependents. J-1 scholars may be subject to the two-year home residence requirement if: they received direct financial support from the U.S. or home government; their home country is on the Skills List that includes their profession or field of research/study; their J visa is sponsored by ECFMG, Fulbright, or other organization. A revised Skills List was published effective December 9, 2024. | Prospective J-1 Research Scholars or Professors who have been in the U.S. in any J status (including J-2 status) except Short- Term Scholar for six months or more in the 12-month period immediately prior to the proposed start dateof the new J-1 Research Scholar or Professor category. | J-1 scholars and their J-2 dependents in the Research Scholar or Professor Category who have ended their previous J programs and now seek to return in the J-1 Research Scholar or Professor Category. |
| What is prohibited | J visa holder is not eligible for H, L, K or immigrant (permanent resident) visa and cannot apply for change of nonimmigrant status to any visa status within the U.S. | Prospective J-1 Research Scholar or Professor is not eligible to begin a new period of J visa sponsorship for a period of 12 months (one year) after completion of any previous J program (except for Short-Term Scholar category). | Scholar who has completed a program as a J-1 Research Scholar or Professor may not return to the U.S. in J-1 Research Scholar or Professor Category for 24 months (two years). |
| What is not prohibited | Scholars may be permitted to depart and return to the U.S. in other nonimmigrant classifications, such as F-1 student, B-1/ B-2 visitor, O-1 or TN prior to satisfying or waiving 212(e); may also return in another J-1 classification, if no bar applies. | This bar does not prohibit entry to the U.S. in any other immigration categories. | This bar does not prohibit entry to the U.S. in any other immigration categories. |
Eligibility for Repeat Participation
Once an Exchange Visitor ends their J-1 program in the Professor or Research Scholar categories (including J-2 dependents), regardless of the program’s duration, the Scholar will be subject to a 24-month bar on repeat participation in the Research Scholar or Professor categories. The 24-month bar does not go into effect if a Research Scholar transfers between institutions within the U.S. to continue their current J-1 program.
Regulations do not prohibit an Exchange Visitor who has participated as a J-1 Short-Term Scholar from making future visits to the U.S. in J-1 status to engage in a new program or activity. Departments that invite Exchange Visitors for 6 months or less but anticipate extending their stay beyond 6 months should request either the Professor or Research Scholar category instead of the Short-Term Scholar category. Departments that invite Exchange Visitors for 6 months or less and do not plan to extend them beyond 6 months should request the Short-Term Scholar category, especially if future visits to the U.S. in J-1 visa status are anticipated within the next two years.
If the Student Intern is in the U.S. for more than 6 months, they automatically become subject to the 12-month bar on repeat participation. This bar entails that the student is not eligible to come to the U.S. in the J-1 Research Scholar or Professor category for 12 months after completion of their program.