Pre-Arrival Preparation

The Two-Year Home Residency Requirement is often referred to as the 212(e). Only the U.S. Department of State can determine if a J-1 and/or J-2 is subject to the 212(e). If subject, a J-visa holder will have to physically reside within their last country of legal permanent residence for two years before s/he may return to the U.S. as an H-1B visa holder, L visa holder, K visa holder or as a Permanent Resident. If subject, J visitors are unable to apply for a change of status within the US. Being "subject" to this regulation does not prevent a visitor from returning to the U.S. in certain other visa statuses, such as F-1 (student), B1/B2 (tourist/business) or under the visa waiver program.

There are two main reasons a J visitor may be subject to the 212(e) as a scholar at UAlbany:

• The J program is funded in part or wholly by the United States government, the visitor's government, or an international organization (this does not include a U.S. government funded departmental grant such as NIH as long as the grant funds are routed through university payroll in support of the scholar).
• The J-1 scholar is engaged in one or more of the skills listed on the Exchange Visitor Skills List (1997 Amendment) for his/her country

For more information on J-1 212(e) two-year home residency requirement and its associated waiver process, visit the Department of State website. 

The 12- and 24-month bars determine when a current or previous J-1 exchange visitor is eligible for a second visit to the US in the J-1 Professor or Research Scholar category.

A 24-month bar on repeat participation in the J-1 Professor or Research Scholar categories was instituted by the U.S. Department of State (DOS) for exchange visitors upon completion of their J-1 programs. This means that all J-1 Professors or Research Scholars (not those in the Short-term Scholar category) will be barred from participation in the same category for two years from the end date of their programs.

For example, a professor whose J-1 program is from September 1, 2019 - May 31, 2020, will not be able to return to the US as a J-1 Professor (or Research Scholar) until May 31, 2022. This is a different rule from the two-year home residency requirement (212e).

In addition to the 24-month bar on repeat participation, J-1 regulations prohibit participation of any exchange visitor coming for a new program in the category of Professor or Research Scholar (indicated in section 4 of the DS-2019 form) who has been in any J status during the 12-month period immediately before the start date on her/his new form DS-2019 with the following exceptions:

• the new program is a transfer from another institution;
• presence in the US in the previous program was for less than six months; or,
• presence in the US in the previous program was under the category of short-term scholar.

Summary

If you've held a J Category Visa for LESS than 6 months

• 12 or 24 month bars DO NOT APPLY if you are
  • Any J-1 Category Other than Research Scholar/Professor
  • A J-2 Dependent of any J-1 category other than Research Scholar/Professor
• 24 month bar on repeat participation APPLIES if you are a
  • J-1 Research Scholar/Professor
  • J-2 Dependent of Research Scholar/Professor

If you've held a J Category Visa for MORE than 6 months

• 12 month bar on repeat participation APPLIES if you are
  • Any J-1 Category Other than Research Scholar/Professor
  • A J-2 Dependent of any J-1 category other than Research Scholar/Professor
• 24 month bar on repeat participation APPLIES if you are a
  • J-1 Research Scholar/Professor
  • J-2 Dependent of Research Scholar/Professor

Please note, ISSS will review details of any prior participation in J-1 programs before issuing a new DS-2019 to ensure that these programs are not being used to circumvent a bar on repeat participation. In addition to formal bars on repeat participation, eligibility assessment will include review of the dates, category, and program objectives of prior J-1 program.