You will be subject to the two-year home-country physical presence requirement if oneof the following applies to your J-1 program:

• Your program was funded by the U.S. government or your home country’s government at any point in your J-1 program
• Your program was for graduate medical education or training
• The subject/field code on your DS-2019 is on the Exchange Visitor Skill List for your home country

Your visa or DS-2019 will usually indicate if you are subject to the requirement. However, these documents don’t always match. Per the U.S. Department of State, the notation on the visa typically supersedes the notation on your DS-2019. But you can always double check by getting an Advisory Opinion. See the Advisory Opinion section below for more info.

If you’re unsure whether you are subject to the requirement or not, you can request an Advisory Opinion. This involves submitting a written request to the U.S. Department of State. They will make the final decision on whether the requirement applies to you or not.

You can also submit a waiver request to the U.S. Department of State to cancel your requirement. This waiver must be fully approved before you can apply for the immigration statuses that were restricted by the two-year requirement. You will also have to pay the waiver request fee.

There are 5 ways to qualify for the waiver: 

1. Your home country government issues a No Objection Statement. This statement confirms they are okay with you not returning to your home country to satisfy the requirement.
2. If you’re working for a U.S. Federal Government agency or have a project of interest to an agency, they can request an Interested Government Agency Waiver.
3. You believe you’ll be persecuted based on race, religion, or political opinion if you return home.
4. You have a U.S. citizen or permanent resident spouse or child that will experience exceptional hardship if you return home.
5. If you’re in the U.S. pursuing graduate medical training/education, a designated State Public Health Department or equivalent can request a waiver for you.

If you need assistance with your Advisory Opinion or Waiver request, then you should contact an immigration attorney. ISSS has some attorney information here.