UNITED STATES – Many J-1 visa holders are no longer subject to the two-year foreign residency rule.

December 11, 2024

By: Elizabeth Kumbhari, Managing Partner, Go Global Immigration, PLLC

The US Department of State Two-Year Foreign Residence Requirement INA 212(e) requires many J-1 visa-holders to be physically present in their last country of citizenship or permanent residence for at least two years after completing their J-1 visa program before applying or obtaining an H visa, L visa, or lawful permanent status.

For the first time in 15 years, the list of nationalities and skills subject to this two-year foreign residency rule has been updated, and approximately half of the nationalities have been removed. Notably, Chinese and Indian citizens have been removed from the updated skills list and the changes are retroactive.

Unfortunately, the changes only apply to individuals who are subject to the INA 212(e) two-year residency rule due to the skills list. The two-year residency rule still applies to foreign nationals who were subject to INA 212(e) because they received funding from the U.S. government, their home government, or an international organization for their J-1 program OR participation in graduate medical training in the US under the Educational Commission for Foreign Medical Graduates’ sponsorship.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.