The J-1 Exchange program requires that certain J-1 Exchange Visitors be subject to the "Two-Year Home Country Physical Presence Requirement." The purpose of this requirement is to compel Visitors who are subject to the Requirement to return to their county of origin after the Program has been completed. Note that the State Department, not the Visitor or Stanford University, defines when the program has been "completed." This Requirement limits the ability of some Exchange Visitors to change their status or obtain certain kinds of entry visas after participation in the Program.

Consular officers are unlikely to inform applicants "up front" if they decide the Two-Year rule applies at the time the Visitor applies for his or her entry visa. However, Prospective Visitors can count on being liable under the rule if they meet the two criteria below.

How to Know if You Are Subject to the 2-Year Home Requirement:

Your field of study, research or teaching can be found on the Exchange Visitor Skills list under your country of citizenship or country of last permanent residence.
Download the Exchange Visitor Skills List from the Department of State.
Your source of funding for your program comes either from the U.S. government or your home government. (If your DS-2019 shows funding in the section next to the travel validation, you are subject.)

Skills List

The Skills List compiles various disciplines according to certain countries. If a Visitor's country is not on the Skills List, he or she cannot be subject to the Two-Year Requirement on that basis, but may still be liable through government funding. If a Visitor's country is on the List, look at the disciplines under the country's heading. It may be necessary to refer to the first part of the List if the reference is to "All fields listed in part X." If the Visitor's discipline is listed, or the reference includes the general area of study ("Natural Sciences," for example), the Two-Year rule will apply.

When You Are Subject

Sometimes applicants find they have been made subject for reasons they cannot discern. The consul makes a decision about whether an applicant should be subject based on all the information he or she has. Thus, funding letters, affiliations and even the way the OF-156 is filled out may affect the decision of the consul to apply the Two-Year Requirement. For example, if your funds come from a "national institute," that will suggest to the consul that the Two-Year Rule should apply. Or if you fill in the box on the OF-156 that asks "how will you be supported? by answering "salary," and you work for the government or an affiliated agency, the consul may elect to apply the two-year rule.

If the necessary conditions governing the Two-Year Rule apply to you, and you go ahead and request the J-1 entry visa, you will be subject to the limitations of the Requirement.

212(e) Waivers

You may be able to secure a waiver of the 212(e) Requirement, but it is easier for some Visitors than others to do this. If you believe your government will release you from an obligation to return home after your program is completed, you can probably assume a waiver is a possibility.

Please understand the Stanford and the I-Center are not responsible for your liability under the Two-Year rule. We do not pursue Advisory Opinions on behalf of Visitors who wish to appeal the basis for their liability under the rule, including but not limited to claims that funding reported to us as government support is actually "private." Make certain that your funding is properly designated on the DS-2019 in the first place.

You should undertake the waiver application with care, because once you have submitted such an application, Stanford cannot extend your stay as an Exchange Visitor. Don't paint yourself into a corner by applying for a waiver when you don't know exactly what you will do after the waiver has been secured! You cannot apply for a waiver before beginning participation in the Exchange Visitor Program. The I-Center does not facilitate or process waiver applications.

Get more information on how to request a waiver at the Department of State website

Top of page