ISSO can help visiting scholars determine if they are subject to INA 212(e), or 2-Year home-country physical presence requirement, but do not assist in the preparation of 212(e) waiver applications.
J-1 Exchange Visitors and their accompanying dependents are subject to INA 212(e) if:
- the exchange program was funded in whole or in part by a U.S. Government agency, your home country’s government, or an international organization that received funding from either government; OR
- the program involved an area of study or skill listed on the Exchange Visitor Skills List for his or her home country.
If subject to INA 212(e), a J-1 Exchange Visitor (and J-2 dependents) must, at the conclusion of the J-1 program, return to his or her home country and reside there for two years (or be granted a waiver from the U.S. Department of State) before returning to employment in the U.S.
Being subject to this regulation does not prohibit a visitor from returning to the U.S. as a student (F-1) or tourist, or for business (B1/B2).