24 Month Bar on Repeat Participation
&
Two-Year Home Residency Requirement
March 12, 2013
24 Month Bar on Repeat Participation:
Who Does It Pertain To?

 Who Is Subject:
 J-1 Research Scholars & their J-2 Dependents
 J-1 Professors & their J-2 Dependents
 Who Is Not Subject:
 J-1 Short-Term Scholars
 J-1 Specialists
 J-1 Students
24 Month Bar on Repeat Participation:
What Does It Mean?

Previous J-1 Exchange Visitor
Status
Earliest Possible Date of Return as
J-1 Research Scholar/Professor
J-1 Research Scholar
24 Months After Program End Date
J-1 Professor
24 Months After Program End Date
J-1 Short-Term Scholar
Immediately
J-2 Dependent (Research Scholar)
24 Months After J-1 Scholar’s End
Date*
J-2 Dependent (Professor)
24 Months After J-1 Scholar’s End
Date*
J-2 Dependent (Short-Term Scholar)
Immediately
* A J-2 dependent can change to a J-1 Research Scholar/Professor if the J-1 Exchange
Visitor’s Research Scholar/Professor program has not yet ended.
24 Month Bar on Repeat Participation:
Things to Keep in Mind

 Please Mark Appropriate Box on DS-2019 Application
 Please Inform IFSS if J-1 Scholar is Departing Early
 24 Month Bar starts from the end date in SEVIS
 No Waiver for 24 Month Bar
 Can Be Fulfilled While on Other Immigration Statuses
Two-Year Home Residency Requirement
(212e Requirement): What Is It?

 Those subject to this requirement are mandated to
return to either their country of citizenship or
country of last legal permanent residence for a
period of two years at some point following their
program completion.
 Does not have to be completed all at once, can be
fulfilled non-consecutively
Two-Year Home Residency Requirement
(212e Requirement): How This Pertains To Us

 If subject, an individual cannot return to the U.S. on an immigrant
intent status until the 212e Requirement has been fulfilled.
 Immigrant Intent Statuses:
 H-1B for Temporary Workers
 Legal Permanent Residency (Green Card)
 However, a subjected individual can return to the U.S. on a nonimmigrant intent status.
 Non-Immigrant Intent Statuses:
 F-1 Student
 J-1 Exchange Visitor
 E3 for Australians
 TN for Mexicans & Canadians
 B-1/B-2 for Business & Pleasure
Two-Year Home Residency Requirement
(212e Requirement): Grounds to be Subject?

 The Three Ways:
 Government Financing of J-1 Program
 Country of Citizenship Skills List
 Educational Commission for Foreign Medical
Graduates (ECFMG)
1: Government Financing

 If a J-1 Exchange Visitor receives direct funding
through either the U.S. Federal Government or a
foreign government, they will be subject.
 Determination is based on the financial documentation
provided in the DS-2019 application process.
 UW-Madison salary/program funds & general
grants are not considered U.S. Federal Government
Funding
2: Skills List

 Every J-1 Exchange Visitor has a “Field of
Specialization Code” which is based on their area of
study/research
 Certain countries subject their citizens to the 212e
requirement if the scholar’s Field of Specialization is
on that country’s “Skills List”
 Skills Lists vary from country to country
 Not all countries have a Skills List
3: ECFMG

 The ECFMG is a government program for
international medical graduates looking to hands-on
clinical experience in the U.S.
 Any ECFMG participant is subject to the 212e
requirement.
 UW-Madison does not host any ECFMG graduates
Two-Year Home Residency Requirement
(212e Requirement): Advisory Opinion

 An Advisory Opinion is a request, submitted to the
Department of State (DOS) by IFSS, arguing that one
of our J-1 Scholars was erroneously made subject to
the 212e and should subsequently be relieved of that
requirement.
 Processing Time: 4 – 6 Weeks
 No cost to the J-1 Scholar
 DOS can deny these requests, even if the ruling was
originally made in error.
Two-Year Home Residency Requirement
(212e Requirement): Waiver of the 212e

 A Waiver for the 212e Requirement is available
through the Department of State
 Application found on DOS website
 Approval process can be lengthy
 $215 Processing Fee
 Although IFSS does not process 212e waivers, we ask
that all scholars consult our office before applying
 Approved application can have unintended
implications pertaining to the individual’s J-1
program.
Questions!

 Contact Information:
 Kim Maday
 [email protected]
 608-265-5114
 Ryan Redmer
 [email protected]
 608-262-3259
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24 Month Bar on Repeat Participation