What a J-1 visa lawyer needs to determine first is whether you are actually subject to the two-year home residence requirement (INA 212(e)). Not every J-1 holder is. Those who are fall mainly into three groups: those whose program funding came from the U.S. government or their home government, those whose field of study is on their home country's skills list, and those who came to the U.S. for graduate medical training. A person who is subject to it must reside in their home country for a cumulative total of 2 years, or obtain a waiver, before changing to H or L status or getting a green card. The information below is current as of November 6, 2026.
Who is subject to it
- Government funding: The program is funded in whole or in part by the U.S. government, the home government, or an international organization that receives funding from those governments.
- Skills list: The field is listed on the home country's Exchange Visitor Skills List.
- Medical training: You came to the U.S. for graduate medical education or training.
Mainland China, Hong Kong and Macau are all absent from the new list that took effect on December 9, 2024. People who were subject to the requirement under the old list, and whose home country is no longer on the new list, are no longer subject to it because of the list. But the funding and medical training grounds still apply. For example, a program funded by the China Scholarship Council (CSC) or another Chinese government agency may be subject to the requirement even if the field is not on the list, so each needs to be checked.
The requirement is the same for a spouse and children holding J-2 status.
How to confirm
First look at all of your DS-2019 forms and your funding sources, and you can also ask the program sponsor. The self-check questionnaire on the J Visa Waiver Online website is not an official determination. If you need an official determination, you can ask the Department of State's waiver review division for an Advisory Opinion.
What you cannot do if you are subject to it
Until you satisfy the requirement or obtain a waiver, you cannot:
- Change to H or L status inside the United States;
- Adjust status to a green card inside the United States;
- Receive an immigrant visa at a consulate;
- Receive an H, L or K visa.
The requirement itself does not bar you from coming to the U.S. again. But a person subject to it generally also cannot change to another nonimmigrant status inside the U.S., with a few exceptions such as A, G, T and U. Changing to another status also does not make the requirement go away. For example, if you want to change to O-1, it cannot be done inside the U.S., so plan ahead. For O-1 requirements, see O-1 visa lawyer: O-1 eligibility and how to prepare the evidence.
The five waiver routes
Only one can be chosen at a time:
- No Objection Statement: Your home government tells the U.S. side, through its embassy in Washington or a designated agency, that it does not object. Physicians in graduate medical training cannot use this route.
- Request by a U.S. federal agency: Made by the relevant federal agency.
- Persecution: You would be persecuted on return because of race, religion or political opinion.
- Exceptional hardship: Your departure from the U.S. would cause exceptional hardship to a spouse or child who is a U.S. citizen or green card holder. Family separation alone is not enough.
- Request by a state public health department (Conrad 30): For physicians, with a maximum of 30 slots per state per year.
The Department of State has said that waiver applications from people funded by the U.S. government are generally denied.
Process and fees
- Complete the DS-3035 online and get a case number.
- Mail the form's barcode page, all of your DS-2019 forms and the $120 fee to the designated address. The fee is not refundable.
- Submit supporting documents for the route you chose. A No Objection Statement is requested after you receive a case number.
- If you chose persecution or exceptional hardship, you must also file Form I-612 with USCIS, with a fee of $1,100.
- The Department of State makes a recommendation, and USCIS makes the final decision.
The Department of State's page estimates a processing time of 6 to 10 weeks, but actual time depends on the case. When the Department of State does not recommend a waiver, a request for reconsideration is generally not available, and most people can only reapply under a different route and pay again, so the documents should be complete the first time.
What to prepare
- All of your DS-2019 forms. If any are lost, ask the program sponsor.
- Your passport, visa, I-94 and funding source records.
- An explanation of the route you chose and supporting evidence.
- Exceptional hardship: proof of status for your spouse or child and evidence of hardship.
Contact us
Before you plan to change status or apply for a green card, we suggest having a J-1 visa lawyer first check whether you are subject to the requirement, at 347-618-3386. Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York. The responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. For details, see Immigration Legal Services.
FAQ
Does every J-1 holder have to return home for two years?
No. The people who are subject to it are mainly those whose program funding came from the U.S. government or their home government, whose field of study is on their home country's skills list, or who came to the U.S. for graduate medical training.
Is a J-1 holder from mainland China still subject to the skills list?
Mainland China, Hong Kong and Macau are all absent from the new list that took effect on December 9, 2024. But the funding and medical training grounds still apply, so each needs to be checked.
How many waiver routes are there?
Five: a No Objection Statement, a request by a U.S. federal agency, persecution, exceptional hardship, and a request by a state public health department (Conrad 30). Only one can be chosen at a time.
Sources: travel.state.gov, travel.state.gov, travel.state.gov, travel.state.gov, travel.state.gov, travel.state.gov, federalregister.gov, ecfr.gov, uscis.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.