MOST J-1 VISA HOLDERS ARE NO LONGER SUBJECT TO THE TWO-YEAR FOREIGN RESIDENCY REQUIREMENT.
The U.S. Department of State’s Two-Year Foreign Residence Requirement under INA 212(e) mandates that certain J-1 visa holders must spend at least two years in their last country of citizenship or permanent residence after completing their J-1 program before they can apply for or obtain an H visa, L visa, or lawful permanent resident status.
On December 9, 2024, the U.S. Department of State released an updated J-1 Exchange Visitor Skills List, removing over 34 countries, including China, India, Brazil, South Korea, the United Arab Emirates, and Colombia.
This change eliminates the two-year home residency requirement for affected J-1 visa holders, allowing them to:
- Change their status to any other visa category within the U.S.;
- Apply for H-1B or L-1 work visas at a U.S. embassy; and
- Apply green card without needing a no-objection waiver or returning to their home country for two years.
However, the updated policy only applies to individuals subject to INA 212(e) due to the skills list. The two-year residency rule still applies to J-1 visa holders who:
- Received funding for their program from the U.S. government, their home government, or an international organization, or
- Participated in graduate medical training in the U.S.
For more information, please call us at 646 930 2077.