Two-Year Home-Country Physical Presence Requirement

Source: https://bechtel.stanford.edu/navigate-international-life/visas/j-1-scholar-visa/two-year-home-country-physical-presence Parent: https://bechtel.stanford.edu/navigate-international-life

As a J-1 visa holder, you may be subject to the Two-Year Home-Country Physical Presence Requirement [212(e)].

212(e), when it is applied, should be noted on your DS-2019 signed by the U.S. consular authorities at the time your entry visa is issued. It is also indicated on your entry visa itself.

Restrictions

After completing your J-1 program, you may be required to reside in your home country for a minimum of two years before being eligible for:

H, L, or K visa classification.
U.S. permanent residency.
Filing a change of status petition from within the U.S. to any other visa classification.

If the J-1 is subject to this requirement, the J-2 is as well.

Reasons for Restrictions

You may be subject to the Two-Year Home-Country Physical Presence Requirement if:

You receive any funding from your home country government (including travel grants).
Your field is on the U.S. government‘s Exchange Visitor’s "Skills List.”
You are a Fulbright participant or medical trainee sponsored by ECFMG.

Waiver

Near the end or after the completion of your J program you may find it necessary to apply for a waiver of the requirement. Note that once you submit the waiver application, Stanford cannot extend your stay as a J-1 scholar.

IMPORTANT: The Bechtel International Center does not facilitate or process waiver applications. However, if you plan to apply for a waiver well in advance of completing your program, we encourage you to have a discussion with your supervisor or Principal Investigator about the implications of being unable to extend your J-1 status. If it becomes necessary to change your visa status to H-1B, for example, your PI may have to change the source or type of your funding and will have to pay thousands of dollars in filing and other fees.