Western University of Health Sciences International Scholar Relations Western University of Health Sciences
International Scholar Relations

Physical Presence Requirement

J-1 Visiting Scholars

Some International Scholar Program participants and family members who were admitted to the U.S. or who adjusted their visa status to J after admission must return home for a minimum of two years after completing their educational or cultural exchange program before they can change or adjust their status. This requirement applies to those whose:  

Not all J-1 International Scholars are subject to this requirement. J-1 International Scholars, who are subject to Requirement 212(e), must return to their county of legal permanent residence and reside there (not in a third country) for two years after the completion of their J-1 Program or apply and receive a waiver of this requirement before they are eligible for an H-1B, L-1 or Permanent Residency (Green Card). Changes of immigrant status within the US are also not possible unless this requirement is waived.  If you are subject to the two-year home residency requirement (212 (e) rule, it will be noted on your J-1 visa.

Two-Year Presence Waiver

J-1 International Scholars may request a waiver of the two-year presence requirement under the following conditions:

Information on obtaining a waiver of the two year home residency requirement is available at: http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver.html

NOTE: If the Department of State has made a favorable recommendation to the USCIS regarding your waiver request, you are no longer considered a J-1 participant. You may complete the duration shown on the current DS-2019 form, but you are not eligible for an extension or transfer beyond that date even though you have not completed five years in International Scholar (J-1) status.

J-2 Dependents Info

Waivers Review Branch Contact Info

Updated:  August 2015