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J-1 Scholar and Student
Including J-1 Research Scholars, Professors, and Short-term Scholars

Two Year Home Country Physical Presence Requirement (a.k.a. 2 year rule)

The statute requires visitors who are subject to the 2 year rule to return to their "home" countries and be physically present there for an total of two years before being eligible to return to the United States in immigrant (permanent residence/green card) status, H status (temporary workers and dependents), or L status (intracompany transferees and dependents).

Not all exchange visitors are subject to the two-year rule. There are three grounds on which an exchange visitor can become subject:

• If the exchange visitor is financed by the U.S. government or a foreign government for the purpose of coming to the U.S. on the J-1.
• If the skill(s) that the visitor is coming to develop or work with are in a field that
  the visitor’s government requested to be included on the State Department’s skills list.
• The visitor is coming to the United States to receive "graduate medical education or training." Only medical doctors are subject in this case.

Waiver of the Two year Rule

An exchange visitor may request that the 2-year home country physical presence requirement be waived only on the following bases:

• Statement of “no objection” from home country.
• Request for waiver made by interested U.S. government agency.
• Interest of a state agency.
• Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the exchange visitor.

For more information on how to apply for a waiver, go to the Department of State.