Are you currently in J-1 status or have you previously held J-1 status? Many individuals learn after they have already started in J-1 status that they may have a two-year home residency requirement. Sometimes a J-1 host, sponsor or school will inform an individual that they will need a “waiver”. Other times an individual may receive a J-1 visa and see an odd notation at the bottom of the visa or on the DS-2019 that states “subject to two-year home residency requirement” or “subject to 212(e)”. With so many ways to say the same thing, you can see how an individual might be confused by this whole process.
So what does this mean for a J-1 individual and what steps should a J-1 take to figure out if this rule applies to them? Read below for Celebrezze Law’s recommendations.
Firstly, if an individual in J-1 status is told they have a two-year home residency requirement or are subject to 212(e), this means that before they would be able to change into another non-immigrant visa or receive permanent residence (a green card), that individual with have to do one of two things: