Issue link: https://resources.twc.edu/i/1502358
6 The Washington Center • International Student's Pre-Arrival/ J-1 Visa Guide 212(e) Two-Year Home-Country Physical Presence Requirement Some exchange visitors may be subject to the "Two-Year Home-Country Physical Presence Requirement" or Section 212(e) of the Immigration and Nationality Act. This requirement is indicated on your J-1 Visa or on your DS-2019 form. If you are subject to this requirement, you must return to your home country for at least two years (cumulatively) at the end of your exchange visitor program before applying for an H, L or K visa or for immigrant lawful permanent resident status. If you would like to apply for an H, L or K visa or permanent residency in the U.S., you will need to request a waiver of the two-year requirement. You may be subject to this two-year requirement if any of the following conditions apply: • Your internship is being funded in part or full by the U.S. government, or the government of your home country or legal permanent residence. • Your field of knowledge is on a list of skills considered necessary for the development of your home country. Waiver of the Residency Requirement An exchange visitor may request that the two-year home country physical presence requirement be waived only on the following bases: • Statement from the exchange visitor's home country that it has no objection to the waiver. • Request for a waiver made by an interested U.S. government agency. • Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the exchange visitor. • Fear of persecution on account of race, religion, or political opinion of a J-1 visa holder. Important Disclaimer: The Washington Center is not able to extend the length of your visa or change the immigration status of a J-1 visa holder after completion of the programs. Example: intern not subject to 212(e)