Overview
The J-1 Exchange Visitor program is a visa type designed for mutual educational and cultural exchange.
UNLV is authorized to host J-1 exchange visitors in several different categories:
Forms and Requests
J-2 spouses may be eligible to apply for an EAD (Employment Authorization Document) by filing Form I-765 with USCIS. J-2 children are not eligible for an EAD. Please note that ISSS cannot advise on the I-765 and we can only review for completion, not content.
212(e) Home Residence Requirement
What is 212(e)?
212(e), also referred to as the two-year home residency requirement, establishes that certain individuals who hold or previously held J-1 or J-2 status must return to their home country for an aggregate amount of two years before they can apply for permanent residence or H, K, or L nonimmigrant status/visas. Individuals who are subject to 212(e) are also not eligible to apply for a change of status to F-1 within the US without having obtained a waiver of the requirement.
Am I subject to 212(e)?
Not every exchange visitor is subject to 212(e). Generally, an EV is subject to the requirement if they fall into any of the following categories:
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Their J-1/J-2 program was wholly or partially financed, directly or indirectly, by the U.S. Government or by their home government or government of last legal permanent residence.
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Their work or field of study appears in the “skills list” for their home country.
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They participated in a graduate medical education or training program sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG).
The EV may also find information regarding if they are subject to the two-year residency requirement in their J-1/J-2 visa or their DS-2019, or by requesting an Advisory Opinion from the Department of State.
If I am subject to 212(e), do I have to go back to my home country right after my program?
You may not have to return to your home country right after the end of your J-1 program, but you will have to fulfill the two-year requirement before you apply for permanent residence or H, K, or L nonimmigrant status/visas or apply for a change of status to F-1
My friend received a waiver for the two-year home requirement. Can I receive one, too?
The EV may decide to pursue a waiver with the Department of State on their own. ISSS is not able to complete the waiver process or advise on behalf of the EV. For detailed information on the waiver process, visit the State Department website’s section on waivers.