The 2-year home-country physical-presence requirement, also known as the 212(e) requirement, is a provision of the Immigration and Nationality Act that applies to certain J-1 exchange visitors. This requirement stipulates that exchange visitors who come to the United States on a J-1 visa and receive funding from their home country, the U.S. government, or an international organization must return to their home country for a period of two years after completing their J-1 program before they can apply for certain types of visas, including H-1B visas, L-1 visas, and permanent resident status.
However, there are certain exceptions to the 2-year home-country physical-presence requirement. Exchange visitors who receive a waiver from the U.S. Department of State can avoid the requirement. Waivers are granted in certain circumstances, such as when the exchange visitor’s home country issues a No Objection Statement, indicating that the country has no objection to the exchange visitor remaining in the United States, or when the exchange visitor can demonstrate that complying with the requirement would cause extreme hardship to themselves or their U.S. citizen or lawful permanent resident spouse or child.
Applying for a waiver of the 2-year home-country physical-presence requirement can be a complex process that requires careful preparation and attention to detail. It is highly recommended that individuals seeking a waiver work with an experienced immigration attorney to guide them through the process.
At the Law Offices of Elie D. AlChaer, we help countless clients navigate the 2-year home-country physical-presence requirement and secure waivers when appropriate. We understand the complexities of immigration law and can provide the guidance and support you need to achieve your immigration goals.
If you are an exchange visitor facing the 2-year home-country physical-presence requirement, contact us today to schedule a consultation and learn more about how we can help. We will evaluate your unique circumstances and advise you on the best course of action to achieve your immigration objectives. With our help, you can navigate the complexities of immigration law with confidence and achieve your goals of living and working in the United States.
