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Cornell University

International Services

Office of Global Learning

J-1 Physical Presence and Bars

  • For Faculty/Staff

As a J-1 exchange visitor, you might be affected by the two-year home country physical presence requirement and 12- and 24-month repeat participation bars. These rules may impact your future U.S. immigration options. 

The two-year rule and 12- and 24-month bars are not the same thing! You may be subject to the two-year physical presence requirement, but not a repeat participation bar—or vice versa. You may also be subject to both. 

On this page: Learn about the physical presence requirement and bars and find out if they apply to you.

Home Country Physical Presence Requirement

Many, but not all, J-1 exchange visitors are subject to the two-year home country physical presence requirement—section 212(e) of the Immigration and Nationality Act.

What is the Two-Year Rule?

The “two-year rule” states that you and your J-2 dependents must return to your home country and remain physically present there for a total of two years (or obtain a waiver) before you become eligible for any of these benefits:

  • H visa (temporary worker)
  • L visa (intracompany transferee)
  • K visa (fiancé/e visa)
  • Change of status applications to ANY status (except to diplomatic classifications A and G)
  • Adjustment of status to U.S. permanent resident (“green card”) status 

The two-year rule doesn’t force you to return home. Instead, it limits what U.S. immigration benefits you can apply for if you have not yet spent two years back in your home country. It also doesn’t prohibit you from applying for other nonimmigrant visas, provided you meet all other eligibility criteria. Learn more about the two-year rule.

Who is subject to the two-year rule?

The two-year home country physical presence requirement applies to you if you meet any of the following criteria:

  • Your J-1 exchange program was financed directly or indirectly by the U.S. government or a foreign government for the purpose of exchange.
  • Your skills are needed in your home country, as registered by your government on the U.S. Department of State’s Exchange Visitor Skills List.
  • You participated in a J program to receive graduate medical education or training.

How do I confirm the rule applies to me?

A consular officer may make a preliminary determination when issuing your visa stamp. Their opinion should be indicated on your DS-2019 form or visa stamp. To confirm the two-year rule applies to you, start by checking your DS-2019 and J-1 visa. If your visa is sponsored by Cornell, you can also get advice [LINK] from International Services.

These preliminary determinations are not always correct. The U.S. Department of State Bureau of Consular Affairs in Washington, D.C., is the final authority. If it is unclear whether you are subject to the two-year rule, you may request an advisory opinion. 

How do I know if my time at home meets the two-year requirement?

If you have questions about what time in your home country counts toward the two years, visit the U.S. Citizenship and Immigration (USCIS) website.

Grounds for a Waiver

You may be able to apply for a waiver of the two-year home country physical presence requirement.

Before you do: Consider your timing! Waivers often take several months—sometimes over a year—to be approved. Once the U.S. Department of State has approved the waiver request, no further extensions or amendments of J-1 status can be made. You also won’t be able to transfer your J-1 status to a different institution. 

It’s important to have a post-waiver immigration plan in place before starting the waiver process. For example, is your department willing to support you for H-1B status if the waiver is granted? 

Waivers can be granted on the following grounds:

  • No Objection: Your home country issues a letter indicating that it does not object to your request for a waiver. The “no objection” method is the most common, but is generally not possible if U.S. government funds are involved in your exchange program.
  • Interested U.S. Government Agency: You are working on a project for or of interest to a U.S. federal government agency, and your continued stay is in the public interest. Your employer must request such a waiver on the appropriate form. The request can’t come from you. 
  • Persecution: You believe you will be persecuted upon your return to your home country due to race, religion, or political opinion.
  • Exceptional Hardship to a Spouse or Child: You are able to demonstrate that your departure from the United States would cause extreme hardship to your spouse or child, who is a U.S. citizen or lawful permanent resident. Please note that separation from family is not sufficient to establish exceptional hardship.
  • Physicians in Underserved Areas: You are employed as a physician in a medically underserved area. Rules for this type of waiver are complicated. Consult an immigration attorney about your case.

In most cases, International Services can’t advise on the waiver process, as it is a personal application. You can consult with an immigration attorney if you have questions. 

Repeat Participation Bars

The 12- and 24-month bars limit “repeat participation” in the J-1 professor and research scholar categories. Remember that these bars are different from the two-year home country physical presence requirement, which may also apply. 

The J-1 visa is an exchange visa rather than a work visa. A repeat participation bar is meant to encourage you to spend time outside of the United States so that you can share the knowledge and skills you gained during your J-1 exchange visit. 

There is no waiver or exemption process for repeat participation bars. It is ultimately up to the consular officer issuing your new J visa stamp to make the determination on whether you are subject. 

Who is subject to repeat participation bars?

If you are in one of the following groups, you may be subject to a bar:

  • You are a J-1 professor or research scholar. 
  • You are a J-2 dependent of a J-1 professor or research scholar.
  • You have been in J status in any category for more than six months. 

Whether you are subject to a 12-month bar, 24-month bar—or none at all—depends on your past J visa participation. In general, if you held J visa status previously in any category for more than six months, one of the bars will apply to you. 

Repeat participation bars do NOT apply if:

  • You have never previously held J status.
  • Your last J exchange program ended more than two years ago.
  • You are a J-1 short-term scholar or J-2 dependent of a short-term scholar.

Explore the charts below to find out more.

Your Past J Program: Under Six Months

Previous J CategoryWait Time for New J-1 Professor or Research Scholar Program
J-1 studentNo wait
J-1 research scholar or professor 24 months
J-1 short-term scholarNo wait
J-1 student internNo wait
J-1 specialistNo wait
J-2 dependent of category other than research scholar or professorNo wait
J-2 dependent of research scholar or professor24 months

Your Past J Program: Six Months or More

Previous J CategoryWait Time for New J-1 Professor or Research Scholar Program
J-1 student12 months
J-1 research scholar or professor 24 months
J-1 short-term scholarN/A
J-1 student intern12 months
J-1 specialist12 months
J-2 dependent of category other than research scholar, professor, or short-term scholar12 months
J-2 dependent of research scholar or professor24 months
J-2 dependent of short-term scholarN/A

Questions?

We’re here to help! Get advice from International Services if you’re unsure whether you are subject to a 12- or 24-month bar or if you have additional questions about the two-year physical presence requirement or repeat participation bars. 

Next Up: Maintain and Extend H-1B Status