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University of Florida

212(e) Residency Requirement

The 212(e) Two-Year Home Residency Requirement is a provision of the J program that affects some, but not all, J-1 exchange visitors and their J-2 dependents.  

The US government created the 212(e) to ensure that your home country will benefit from the exchange experience. The 212(e) is separate from the 12- and 24-Month Repeat Participation Bars.

Implications

 

  1. Until the 212(e) is satisfied or waived, you are not eligible to apply for a change of status while you are in the US. 
  2. Until the 212(e) is satisfied or waived, you are not eligible for four US visa types. These include: 
    • H: a type of employment visa 
    • L: a visa for employees of multinational corporations 
    • K: a visa for people coming to the US to marry a US citizen 
    • Permanent Residency: the legal right to remain permanently in the US (Green Card) 

Being subject to the 212(e) does not affect eligibility for any US visa types other than those listed above, such as student (F), tourist (B), or exchange (J).  

Who Is Subject?

 

You are subject to the 212(e) Two-Year Home Residency Requirement if:  

  • You are receiving funding from the US government or from your home country government to participate in this program. 
    • A UF salary does not count as US government funding for the purposes of the 212(e).  

AND/OR   

  • Your area of research (defined by the "Subject/Field Code" in box 4 of your DS-2019) is on your country's Exchange Visitor Skills List. 
    • View the most up-to-date Skills List. Not every country has a Skills List.  

 

Generally, the consular officer will make a preliminary determination on your visa and/or on your form DS-2019 about the 212(e). Keep in mind that this is not a final determination.  

If you require a definitive determination, you can request an Advisory Opinion from the US Department of State. An Advisory Opinion is a review of your J program documents from current and previous programs to determine whether you are subject to this requirement.  

Satisfying the 212(e)

 

In order to satisfy the 212(e), you must return to your country of last legal permanent residency and spend a cumulative total of two years there before being eligible to return to the US in an immigrant status. These two years do not need to be continuous.  

212(e) Waiver

 

You have the option of applying for the 212(e) waiver with the US Department of State. Approval of the waiver is not guaranteed.  

Receiving the waiver has immediate consequences for your current J program. For example, if the waiver is approved, you will not be able to extend your program or transfer your program to a different US institution. You should always talk to your EVS advisor before starting the waiver application process.  

Key Points

 

  • The 212(e) only affects future eligibility for H, L, K, and permanent residency statuses, as well as in-country change of status. It does not prevent you from returning to the US using any other visa for which you might be eligible. 
  • If the 212(e) applies to you, it also applies to your J-2 dependents. 
  • The 212(e) requires you to spend a cumulative total of two years in your country of last legal permanent residency. 
  • The 212(e) can be waived. 
  • The 212(e) Two-Year Home Residency Requirement is not the same as the Repeat Participation Bars.