Who is subject to the Two-Year Requirement (212e)
FAQ.
Answered by Robin Catmur-Smith, Managing Director of the International Student Resource Center
Last updated: July, 2026
Who is subject to the Two-Year Requirement (212e)
You may be subject to the Two-Year Home-Country Physical Presence Requirement (INA 212(e)) if your program was government-funded, your field is on your home country’s Skills List, or you came for graduate medical training.
If subject to this rule, you must spend two years in your home country before you can return with a work visa, or receive U.S. permanent resident status, unless you first obtain a J-1 waiver.
You may be subject to the two-year requirement if:
Your program was funded by your home government or the U.S. government
Your field of study is on your home country’s official Skills List
You came to the U.S. for graduate medical education or training
What it affects
If subject, you must spend at least two years physically present in your home country before you can apply for an H-1B or L visa, permanent residency, or a change to most nonimmigrant statuses from inside the U.S. — unless the requirement is waived.
How to find out if you are subject to the 2-year requirement:
Your DS-2019 or visa stamp may indicate it, but always confirm with your program sponsor.
