If you're subject to the J-1 two-year home residency requirement, you can't get H-1B, L-1, or green card until you fulfill it—or get a waiver. Here's how to determine if you're subject to it and your waiver options.
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The J-1 two-year home residency requirement (Section 212(e)) requires certain J-1 visa holders to return to their home country for two years before being eligible for H, L, K visas or permanent residence. You may be subject if: (1) your program was government-funded, (2) your skills are on your country's skills list, or (3) you received graduate medical training. Waiver options include: No Objection Statement, Interested Government Agency, Conrad 30 (physicians), hardship, and persecution waivers.
Not all J-1 holders are subject to 212(e): Check your DS-2019 for determination.
If subject, certain visas are barred: Cannot get H, L, K visa or green card until fulfilled or waived.
Five waiver options exist: Each has different requirements and success rates.
No Objection Statement is most common: Home country says they don't object to you staying.
Waiver processing takes 4-6 months typically: Plan ahead.
You can still get O-1 while subject to 212(e): O visa is not affected.
Not all J-1 holders are subject to 212(e): Check your DS-2019 for determination.
If subject, certain visas are barred: Cannot get H, L, K visa or green card until fulfilled or waived.
Five waiver options exist: Each has different requirements and success rates.
No Objection Statement is most common: Home country says they don't object to you staying.
Waiver processing takes 4-6 months typically: Plan ahead.
You can still get O-1 while subject to 212(e): O visa is not affected.
What is Section 212(e)?
A provision requiring certain J-1 exchange visitors to return to their home country for two years before being eligible for certain U.S. visas.
What it prevents:
H-1B, H-2, H-3 visas
L-1 visa
K (fiancé/spouse) visa
Permanent residence (green card)
What it doesn't prevent:
O-1 visa (important exception!)
B-1/B-2 visitor visa
F-1 student visa
Returning on another J-1
Check your DS-2019 form:
Look at item/box that indicates whether you're subject to two-year requirement.
You may be subject if:
1. Government funding:
U.S. government funded your program
Your home government funded your program
International organization funded your program
2. Skills list:
Your field is on your country's "skills list"
Skills list identifies fields where your country needs professionals
Varies by country (check with embassy)
3. Graduate medical education:
You came on J-1 for residency or fellowship
Medical training triggers automatic 212(e)
If none of these apply: You're likely not subject to requirement.
If your DS-2019 says "Not subject": You're clear—no waiver needed.
Waiver 1: No Objection Statement (NOS)
What it is: Your home country's government states they don't object to you staying in U.S.
How it works:
Request NOS from your country's embassy in Washington D.C.
Embassy sends NOS to State Department
State Department recommends waiver to USCIS
USCIS approves waiver
Who qualifies:
Most J-1 holders (except physicians)
Must not have been government-funded by home country
Country must be willing to issue NOS
Success rate: High if NOS is issued
Processing time: 4-6 months typically
Countries that commonly issue NOS:
India
China
Most countries (but each has own process)
Countries that rarely/never issue NOS:
Some countries with strict skills list policies
Check with your embassy
Waiver 2: Interested Government Agency (IGA)
What it is: A U.S. government agency requests waiver on your behalf because they need your services.
How it works:
U.S. agency sponsors your waiver request
Agency certifies your employment furthers their mission
State Department recommends waiver
Who qualifies:
Researchers working for government agencies
Employees at government-funded institutions
Those whose work benefits U.S. government programs
Common sponsoring agencies:
NIH (National Institutes of Health)
NSF (National Science Foundation)
NASA
Department of Energy national labs
VA (Department of Veterans Affairs)
Success rate: High if agency agrees to sponsor
Processing time: 4-8 months
Waiver 3: Conrad 30 (Physicians)
What it is: State-sponsored waiver for physicians who agree to work in medically underserved areas.
How it works:
State health department sponsors your waiver
You commit to 3 years of service in underserved area
Each state can sponsor 30 physicians per year (hence "Conrad 30")
Requirements:
J-1 physician subject to 212(e)
Agree to 3 years of full-time practice
Work in Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA)
Contract with healthcare facility
Success rate: High if you secure state sponsorship
Processing time: 4-6 months for waiver; then 3-year commitment
Note: After 3 years, you can work anywhere and pursue green card.
Waiver 4: Hardship to U.S. Citizen or Permanent Resident
What it is: Waiver based on exceptional hardship to your U.S. citizen or permanent resident spouse or child.
How it works:
Prove your return would cause "exceptional hardship" to U.S. citizen/resident family member
Hardship must be beyond normal difficulties of separation
What qualifies as exceptional hardship:
Serious medical conditions requiring U.S. care
Financial devastation
Persecution in home country affecting family
Other extreme circumstances
Who qualifies:
Those with U.S. citizen or permanent resident spouse or child
Must demonstrate exceptional (not just ordinary) hardship
Success rate: Moderate (depends on circumstances)
Processing time: 6-12 months
Important: Hardship to yourself doesn't count—only to U.S. citizen/resident family.
Waiver 5: Persecution Waiver
What it is: Waiver based on fear of persecution if you return to home country.
How it works:
Prove you would face persecution based on race, religion, political opinion, nationality, or social group
Similar standard to asylum
Who qualifies:
Those who would face persecution in home country
Must document basis for fear
Success rate: Varies based on circumstances
Processing time: 6-12 months
Note: This is essentially an asylum-type claim in waiver form.
Critical exception: O-1 visa is NOT affected by 212(e).
If you're subject to two-year requirement:
Cannot get H-1B, L-1, or green card
CAN get O-1
Strategy:
Apply for O-1 while pursuing waiver
Work on O-1 status
Once waiver approved, pursue green card
Why this matters:
Waiver takes 4-6 months
O-1 can be approved in 15 days (premium)
Don't wait for waiver to start working
Step 1: Determine your basis for waiver
NOS (most common)
IGA (if government agency will sponsor)
Conrad 30 (physicians)
Hardship (if U.S. citizen/resident family)
Persecution (if applicable)
Step 2: Obtain supporting documentation
For NOS: Request from home country embassy
For IGA: Secure agency sponsorship
For others: Gather evidence supporting your claim
Step 3: Submit DS-3035 to State Department
Waiver review request form
Submit online
Step 4: State Department reviews
4-8 weeks typically
Sends recommendation to USCIS
Step 5: USCIS adjudicates waiver
Reviews State Department recommendation
Issues I-612 waiver approval
2-4 months typically
Total timeline: 4-6 months for NOS; longer for other bases
Options:
Fulfill the two-year requirement (return home for 2 years)
Try different waiver basis (if applicable)
Continue on visa types not affected (O-1, F-1, B-1/B-2)
Consult immigration attorney for alternatives
Mistake 1: Assuming you're not subject
Don't guess—check your DS-2019 form.
Mistake 2: Starting waiver process too late
Waivers take 4-6+ months. Start early.
Mistake 3: Not considering O-1
O-1 is available even if subject to 212(e). Don't wait for waiver to work.
Mistake 4: Physicians not exploring Conrad 30
Conrad 30 is excellent option for physicians—don't overlook it.
212(e) Assessment: Based on your J-1 program details, determine if you're likely subject to requirement.
Waiver Path Recommendation: Based on your situation (country, funding, family), recommend most viable waiver option.
O-1 Alternative: If you qualify for O-1, pursue it while waiver processes.
Timeline Planning: Map your path from J-1 → waiver → H-1B/green card.
Waiver Type | Best For | Success Rate | Processing Time |
No Objection Statement | Most J-1 holders | High | 4-6 months |
Interested Government Agency | Government researchers | High | 4-8 months |
Conrad 30 | Physicians | High | 4-6 months + 3-year commitment |
Hardship | Those with USC/LPR family | Moderate | 6-12 months |
Persecution | Those facing home country danger | Varies | 6-12 months |
Are you a J-1 visa holder wondering if you're subject to the two-year requirement? Want to understand your waiver options?
Take the OpenSphere evaluation. You'll get 212(e) assessment and waiver strategy recommendations.
What is Section 212(e)?
A provision requiring certain J-1 exchange visitors to return to their home country for two years before being eligible for certain U.S. visas.
What it prevents:
H-1B, H-2, H-3 visas
L-1 visa
K (fiancé/spouse) visa
Permanent residence (green card)
What it doesn't prevent:
O-1 visa (important exception!)
B-1/B-2 visitor visa
F-1 student visa
Returning on another J-1
Check your DS-2019 form:
Look at item/box that indicates whether you're subject to two-year requirement.
You may be subject if:
1. Government funding:
U.S. government funded your program
Your home government funded your program
International organization funded your program
2. Skills list:
Your field is on your country's "skills list"
Skills list identifies fields where your country needs professionals
Varies by country (check with embassy)
3. Graduate medical education:
You came on J-1 for residency or fellowship
Medical training triggers automatic 212(e)
If none of these apply: You're likely not subject to requirement.
If your DS-2019 says "Not subject": You're clear—no waiver needed.
Waiver 1: No Objection Statement (NOS)
What it is: Your home country's government states they don't object to you staying in U.S.
How it works:
Request NOS from your country's embassy in Washington D.C.
Embassy sends NOS to State Department
State Department recommends waiver to USCIS
USCIS approves waiver
Who qualifies:
Most J-1 holders (except physicians)
Must not have been government-funded by home country
Country must be willing to issue NOS
Success rate: High if NOS is issued
Processing time: 4-6 months typically
Countries that commonly issue NOS:
India
China
Most countries (but each has own process)
Countries that rarely/never issue NOS:
Some countries with strict skills list policies
Check with your embassy
Waiver 2: Interested Government Agency (IGA)
What it is: A U.S. government agency requests waiver on your behalf because they need your services.
How it works:
U.S. agency sponsors your waiver request
Agency certifies your employment furthers their mission
State Department recommends waiver
Who qualifies:
Researchers working for government agencies
Employees at government-funded institutions
Those whose work benefits U.S. government programs
Common sponsoring agencies:
NIH (National Institutes of Health)
NSF (National Science Foundation)
NASA
Department of Energy national labs
VA (Department of Veterans Affairs)
Success rate: High if agency agrees to sponsor
Processing time: 4-8 months
Waiver 3: Conrad 30 (Physicians)
What it is: State-sponsored waiver for physicians who agree to work in medically underserved areas.
How it works:
State health department sponsors your waiver
You commit to 3 years of service in underserved area
Each state can sponsor 30 physicians per year (hence "Conrad 30")
Requirements:
J-1 physician subject to 212(e)
Agree to 3 years of full-time practice
Work in Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA)
Contract with healthcare facility
Success rate: High if you secure state sponsorship
Processing time: 4-6 months for waiver; then 3-year commitment
Note: After 3 years, you can work anywhere and pursue green card.
Waiver 4: Hardship to U.S. Citizen or Permanent Resident
What it is: Waiver based on exceptional hardship to your U.S. citizen or permanent resident spouse or child.
How it works:
Prove your return would cause "exceptional hardship" to U.S. citizen/resident family member
Hardship must be beyond normal difficulties of separation
What qualifies as exceptional hardship:
Serious medical conditions requiring U.S. care
Financial devastation
Persecution in home country affecting family
Other extreme circumstances
Who qualifies:
Those with U.S. citizen or permanent resident spouse or child
Must demonstrate exceptional (not just ordinary) hardship
Success rate: Moderate (depends on circumstances)
Processing time: 6-12 months
Important: Hardship to yourself doesn't count—only to U.S. citizen/resident family.
Waiver 5: Persecution Waiver
What it is: Waiver based on fear of persecution if you return to home country.
How it works:
Prove you would face persecution based on race, religion, political opinion, nationality, or social group
Similar standard to asylum
Who qualifies:
Those who would face persecution in home country
Must document basis for fear
Success rate: Varies based on circumstances
Processing time: 6-12 months
Note: This is essentially an asylum-type claim in waiver form.
Critical exception: O-1 visa is NOT affected by 212(e).
If you're subject to two-year requirement:
Cannot get H-1B, L-1, or green card
CAN get O-1
Strategy:
Apply for O-1 while pursuing waiver
Work on O-1 status
Once waiver approved, pursue green card
Why this matters:
Waiver takes 4-6 months
O-1 can be approved in 15 days (premium)
Don't wait for waiver to start working
Step 1: Determine your basis for waiver
NOS (most common)
IGA (if government agency will sponsor)
Conrad 30 (physicians)
Hardship (if U.S. citizen/resident family)
Persecution (if applicable)
Step 2: Obtain supporting documentation
For NOS: Request from home country embassy
For IGA: Secure agency sponsorship
For others: Gather evidence supporting your claim
Step 3: Submit DS-3035 to State Department
Waiver review request form
Submit online
Step 4: State Department reviews
4-8 weeks typically
Sends recommendation to USCIS
Step 5: USCIS adjudicates waiver
Reviews State Department recommendation
Issues I-612 waiver approval
2-4 months typically
Total timeline: 4-6 months for NOS; longer for other bases
Options:
Fulfill the two-year requirement (return home for 2 years)
Try different waiver basis (if applicable)
Continue on visa types not affected (O-1, F-1, B-1/B-2)
Consult immigration attorney for alternatives
Mistake 1: Assuming you're not subject
Don't guess—check your DS-2019 form.
Mistake 2: Starting waiver process too late
Waivers take 4-6+ months. Start early.
Mistake 3: Not considering O-1
O-1 is available even if subject to 212(e). Don't wait for waiver to work.
Mistake 4: Physicians not exploring Conrad 30
Conrad 30 is excellent option for physicians—don't overlook it.
212(e) Assessment: Based on your J-1 program details, determine if you're likely subject to requirement.
Waiver Path Recommendation: Based on your situation (country, funding, family), recommend most viable waiver option.
O-1 Alternative: If you qualify for O-1, pursue it while waiver processes.
Timeline Planning: Map your path from J-1 → waiver → H-1B/green card.
Waiver Type | Best For | Success Rate | Processing Time |
No Objection Statement | Most J-1 holders | High | 4-6 months |
Interested Government Agency | Government researchers | High | 4-8 months |
Conrad 30 | Physicians | High | 4-6 months + 3-year commitment |
Hardship | Those with USC/LPR family | Moderate | 6-12 months |
Persecution | Those facing home country danger | Varies | 6-12 months |
Are you a J-1 visa holder wondering if you're subject to the two-year requirement? Want to understand your waiver options?
Take the OpenSphere evaluation. You'll get 212(e) assessment and waiver strategy recommendations.
1. How do I know if I'm subject to 212(e)?
Check your DS-2019 form. It indicates whether you're subject to the requirement.
2. Can I just ignore the requirement?
No. If subject, you cannot get H-1B, L-1, or green card until fulfilled or waived.
3. Does the two-year requirement expire?
No. It doesn't have an expiration date. You must fulfill or waive it.
4. Can I visit the U.S. on B-1/B-2 while subject to 212(e)?
Yes. 212(e) doesn't prevent B-1/B-2, F-1, or O-1 visas.
5. If I got No Objection Statement, is the waiver guaranteed?
NOS is strong, but USCIS makes final decision. NOS doesn't guarantee approval.
6. How long does Conrad 30 commitment last?
Three years of full-time service in underserved area.
7. What if my home country won't issue NOS?
Explore other waiver bases (hardship, IGA) or fulfill the two-year requirement.
8. Can I apply for O-1 while waiting for waiver?
Yes. O-1 is not affected by 212(e). This is often the best strategy.
9. Does time I've already spent in the U.S. count toward two years?
No. The two years must be spent in your home country.
10. What happens after waiver is approved?
You can pursue H-1B, L-1, or green card normally.
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