Two-Year Rule and Bars
This page is for hiring departments. J-1 faculty and staff: Please visit our J-1 Physical Presence and Bars page for scholars.
Two-Year Rule
Many, but not all, J-1 exchange visitors are subject to the two-year home country physical presence requirement. Learn more about the two-year rule.
Those who are subject to the rule must either be physically present in their home country for an aggregate of two years or obtain a waiver before becoming eligible for:
- H (temporary worker or dependent) and L (intracompany transferee or dependent) visas
- changes of status applications (except to visa classifications A and G)
- adjustments to U.S. permanent resident ("green card") status
The two-year rule does not force individuals to return home. Instead, it limits options for U.S. immigration benefits for those who do not. It does not prohibit applications for other non-immigrant visas, provided all other eligibility criteria are met.
Who is subject to the two-year rule?
J-1 exchange visitors and their J-2 dependents become subject to the two-year rule if any one of the following three criteria are met:
- If the exchange program was financed directly or indirectly by the U.S. government or a foreign government for the purpose of exchange. Example: A faculty member receives an NSF grant. The professor hires a J-1 postdoctoral associate to assist with the research. Is that J-1 visitor subject to the two-year rule? Not unless the grant specified that the funds for research personnel were to be used for the purpose of international exchange.
- If the skills that the exchange visitor is coming to develop or exercise are in a field that the exchange visitor's home government requested be on the U.S. Department of State’s skills list. The skills list is a list of occupational fields and skills that an exchange visitor’s home country considers to be of vital importance. If your visitor is employed in a field on the list, he or she is subject to the two-year rule.
- If the exchange visitor comes to the United States to receive "graduate medical education or training."
Is my visitor subject to the two-year rule?
It is not always clear whether an individual is subject to the two-year rule. Before applying for a waiver, the host department should attempt to make a determination.
Preliminary determinations regarding subjectivity are made by consular officers when they are issuing visas. These preliminary determinations are not always correct. The Department of State Bureau of Consular Affairs in Washington, D.C., is the final authority for determining whether your visitor is subject. If there is a question about whether a preliminary determination is correct, the Department of State will provide an Advisory Opinion upon request.
Grounds for Seeking a Waiver
No Objection
The exchange visitor's home country issues a letter that is sent directly to the U.S. Department of State indicating that it has "no objection" to the exchange visitor's request for a waiver. The "no objection" method is the most common, but is not generally possible when U.S. government funds are involved in the exchange visitor's program.
If you have a J-1 exchange visitor planning to file for a waiver via the "no objection" route, we strongly recommend having a post-waiver immigration plan in place. For example, will your hiring unit support an H-1B petition?
Once the U.S. Department of State has approved the waiver request, no further extensions of J-1 status may be made. Therefore, it is important to consider the timing of your visitor’s application before initiating a waiver request.
Interested U.S. Government Agency
If an exchange visitor is working on a project for or of interest to a U.S. federal government agency and that agency has determined that the visitor's continued stay in the United States is vital to one of its programs, a waiver may be granted on the grounds that the exchange visitor's continued stay in the United States is in the public interest.
It is important to note that the employer of the exchange visitor must request such a waiver on the appropriate form. The request may not come from the exchange visitor.
Persecution
Exchange visitors who believe that they will be persecuted upon return to their home country due to race, religion, or political opinion can apply for a waiver.
Exceptional Hardship to a Spouse or Child
If the exchange visitor can demonstrate that his or her departure from the United States would cause extreme hardship to a spouse or child who is a U.S. citizen or lawful permanent resident, he or she may apply for a waiver. Please note that separation from family is not considered sufficient to establish exceptional hardship.
Physicians in Underserved Areas
Physicians who are subject to the two-year rule may qualify for waivers based on employment in medically underserved areas. The rules for this kind of waiver are complicated. For further information, consult an immigration attorney.
12- and 24-Month Bars
The 12- and 24-month bars are different from the two-year home country residence requirement. Some J-1 exchange visitors may be subject to one or both bars and not the two-year home country residence requirement, or vice versa. As the J-1 visa is an exchange visa rather than a work visa, the bars are intended to limit "repeat participation" in the J-1 research scholar and professor categories and encourage time outside of the U.S. for the exchange of knowledge and skills gained during the J program.
The bars only affect those who are interested in starting a new J-1 program in the research scholar or professor categories. J-2 dependents may also be subject to the bars. If someone has never held J status or their last J program ended more than two years ago, they are not subject to any bars.
Visitors beginning new programs that will include repeat visits should have their programs extended for the full duration of their collaboration, up to the five-year maximum, even if portions of that time will be spent outside the United States. If a visitor is ineligible for a new research scholar or professor exchange program, consider a short-term scholar program (limited to a maximum duration of six months).
Please see the tables below to determine whether or not someone may be subject to the 12- or 24-month bars. It is ultimately up to the consular officer issuing the new J visa stamp to make the final determination on whether or not someone is subject.
| J category for programs LESS than six (6) months | Wait time for new J-1 research scholar or professor program |
|---|
| J-1 student | No wait |
| J-1 research scholar or professor | 24 months |
| J-1 short-term scholar | No wait |
| J-1 student intern | No wait |
| J-1 specialist | No wait |
| J-2 dependent of category other than research scholar or professor | No wait |
| J-2 dependent of research scholar or professor | 24 months |
| J category for programs MORE than six (6) months | Wait time for new J-1 research scholar or professor program |
|---|
| J-1 student | 12 months |
| J-1 research scholar or professor | 24 months |
| J-1 short-term scholar | N/A |
| J-1 student intern | 12 months |
| J-1 specialist | 12 months |
| J-2 dependent of category other than research scholar, professor, or short-term scholar | 12 months |
| J-2 dependent of research scholar or professor | 24 months |
| J-2 dependent of short-term scholar | N/A |
