J Waiver of 212 (e) Two Year Home Residency Requirement
Program participants who are subject to the two-year home-country physical presence requirement, as established by Section 212(e) of the Immigration and Nationality Act, must apply for a waiver of that requirement if they seek to remain in the United States beyond the end date of their programs or if they seek to submit an application to the Immigration and Naturalization Service for a change in visa status.
A waiver may be requested for five statutory bases:
- a claim of Exceptional Hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if the exchange visitor is required to return to the country of residence;
- a claim that the participant will be persecuted due to race, religion, or political opinions if he/she returns to the country of residence;
- a request from an interested US Government Agency on the participant's behalf;
- a No Objection Statement from your government; and
- a request by a designated State Health Department or its equivalent.
Please note that once an exchange visitor program recieved notification of the Department of State recommendation for a waiver, the exchange visitor is no longer religible for further extension of stay (this includes extensions for academic training and transfers to new J programs).
Department of State Waiver Guidelines
Two Year Home Residency Waiver Process Frequently Asked Questions