New 212(e) Rule for J Exchange Visitors
Due to recent changes made by the U.S. Department of State, J exchange visitors who were previously subject to 212(e) may no longer be subject. You can verify whether you are subject to 212(e) by requesting an Advisory Opinion.
J-1 Student Intern Evaluation
If you're a J-1 Student Intern, you and your host department will need to complete an evaluation at the end of your program. This must be completed before you leave the U.S.
Please send the completed J-1 Student Intern Evaluation to our Scholars & Student Interns (J-1) team
Grace Period and Departure Notifications
After the program end date on your DS-2019, you will have 30 days to depart the U.S. You will also need to notify ISSS about the date you will leave. We will email you during your last month in the U.S. with further instructions.
If you forgot to request an extension of your DS-2019 from ISSS, then contact your host and ISSS as soon as possible to get a new end date for your DS-2019. Read more information about extensions.
212(e) and the Bars
Visitors who have completed a J-1 exchange program in the U.S. may be subject to one or more of the following restrictions after their program:
- 212(e) Two-Year home-country physical presence requirement
- It may be possible to get a waiver of this requirement
- 12-month bar on participation as a J-1 Professor or Research Scholar
- 24-month bar on participation as a J-1 Professor or Research Scholar
Until the requirement is fulfilled or waived you will not be able to:
- Apply for H, L, and Permanent Resident statuses in the U.S. and at a U.S. Embassy or Consulate
- Apply for a K visa outside the U.S.
- Apply for a nonimmigrant status while inside the U.S.
However, while you are subject, you do have the option to leave and return to the U.S. as F-1 students, B Visitors, the O-1 Extraordinary Ability visa and many other nonimmigrant statuses.
You will be subject to the two-year home-country physical presence requirement if one of 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
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:
- 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.
- 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.
- You believe you’ll be persecuted based on race, religion, or political opinion if you return home.
- You have a U.S. citizen or permanent resident spouse or child that will experience exceptional hardship if you return home.
- 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.
The 12-Month bar after previous J participation
You are not eligible to apply for the J-1 Professor or Research Scholar categories if you were physically present in any J status (including J-2 status) for the 12 months immediately preceding the request start date of the DS-2019 for your new Exchange Visitor Program.You are exempt from the 12-Month Bar if:
- You already have an active J-1 status and will transfer your J-1 program to another university/institution, or
- You were in the U.S. on J status for less than 6 months, or
- Your previous J status was J-1 Short-Term Scholar
The 24-Month bar on repeat participation
If you have already completed a J-1 Professor or Research Scholar program, then for the two years after the program you cannot start a new J-1 Professor or Research Scholar program.The 24-month bar should not be confused with the two-year home-country physical presence requirement (212e), which is a separate requirement.
Previous J status |
Wait Time for another J-1 Professor/ResearchScholar Program |
| J-1 Professor/Research Scholar | 24 Months |
| Other J-1 category more than 6 months | 12 Months |
| Other J-1 category for less than 6 months | No Wait |
Transfer Your Program to Another Institution
You can transfer your program to another J-1 program sponsor if your objective for the program hasn’t changed and you will stay in the same J-1 category. Keep in mind you also cannot exceed the maximum time allowed for your category:
- Short-term Scholar: 6 months
- Professor and Research Scholar: 5 years
- Student Intern: 12 months or before your graduation date, whichever is earlier
You should plan for your transfer in advance and notify ISSS by emailing a Transfer Out Form to our Scholars & Student Interns (J-1) team. You will also need to coordinate with your new institution to get a new DS-2019.
J-1 Student Interns and their host department will also need to email a J-1 Student Intern Evaluation to our Scholars & Student Interns (J-1) team before the intern transfers to their new institution.
Your SEVIS record must be transferred before the program end date on your DS-2019!
If you missed the deadline, then you may have to leave the U.S. and re-enter using the DS-2019 from your new institution.