J Exchange Program was created by the Congress to bring foreign nationals to the United States to gain new knowledge and ideas and to then return to their home countries to share the knowledge with citizens of their homelands. In order to keep this goal of the J Exchange Program, the rule of 212 (e) Two-Year Home Country Residency Requirement was implemented. Department of State consulates are authorized to determine which scholar will be "subject" to this rule. Consular Affair Office makes this determination when the J scholar applies for the J visa in his/her home country. If the J visa is stamped with "subject to 212 (e)", it means that J scholar after finishing the J program in the US, J scholar must return to the home country for consecutive two years before they become eligible to return to US on any other visa or immigration status.
This rule applies to the following:
J scholars who are financed in full or partial, directly or indirectly, by the home government, the government of the last country of legal permanent residence, the US government, or an organization that has received governmental funding for the international exchanges are SUBJECT to this rule. Examples are USAID, Fullbright, AMIDEAST and US Department of Education.
J scholars who already have or will obtain skills listed in their country of citizenship or last country of residence's SKILLS LIST are SUBJECT to this rule.
Waiver of 212 (e) Two-Year Home Residency Requirement
J Scholar may be granted a waiver based on one or more of the following grounds:
1) No Objection from the home government:
J scholar works directly with his/her government directly or through Embassy in the United States. Michigan Tech can not make this request for the J scholar.
2) Interested United States Government Agency:
The employer of the J scholar is a U.S. governmental agency, the agency requests such a waiver. J scholar can not request on his/her behalf.
J scholar files this request on his/her own behalf. Michigan Tech can not file this request .
4) Exceptional Hardship
J scholar files this request in his/her own behalf. Michigan Tech can not file this request.
5) "Underserved Areas" and "Conrad 20"
"Underserved are employer", through appropriate federal or state channels may file this request. This waiver is only applicable to physician.
For more information on definitions of the above categories and waiver procedures, visit the U.S. Department of State Exchange Visitor Program website.
For exchange visitor visa information, instruction for Waiver of 212 (e) and additional information, visit the U.S. Department of State website.