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J-1, DS-2019, I-612

Exchange visitors

The J-1 visa supports exchange programs run by sponsors that the U.S. Department of State designates, such as universities, hospitals and training organizations. Many J-1 visitors later want to change status or seek a green card, and some must first meet or waive a requirement to spend two years in their home country. We review whether that requirement applies, plan the waiver where one is needed and coordinate with sponsors and employers.

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Last reviewed September 2026

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New to this?

A J-1 visitor enters on Form DS-2019, a document issued by the program sponsor. Section 212(e) of the Immigration and Nationality Act (INA) requires some J-1 visitors to live in their home country for two years after the program before they can hold H or L status or become permanent residents.

See the glossary

Who this is for

  • Research scholars, professors and postdoctoral researchers
  • Foreign medical graduates in U.S. residency or fellowship programs
  • Trainees and interns planning their next status
  • J-1 visitors unsure whether the two-year rule applies, and J-2 spouses who want to work

How we help

Two-year rule review
We read every DS-2019, visa stamp and funding record to judge whether the requirement applies, including the effect of the Exchange Visitor Skills List revised in December 2024.
Waiver strategy
We compare the five waiver bases: a no-objection statement, a request from an interested U.S. government agency, the Conrad 30 program for physicians, persecution, and exceptional hardship to a U.S. citizen or permanent resident spouse or child.
Next status
We plan the move from J-1 to H-1B, O-1 or a green card, so the waiver and the next petition are timed together.
Family members
We prepare work permit applications for J-2 spouses.

Forms involved

  • DS-2019Certificate of Eligibility for Exchange Visitor (J-1) Status
  • DS-3035J Visa Waiver Recommendation Application
  • I-612Application for Waiver of the Foreign Residence Requirement
  • I-765Application for Employment Authorization (J-2 spouses)

Government filing fees are listed on our filing fees page.

Timeline

Waiver cases commonly take several months to more than a year, depending on the basis. Every waiver passes through the Department of State's Waiver Review Division, and hardship and persecution waivers also need a decision from U.S. Citizenship and Immigration Services (USCIS).

Document checklist

A starting list. We send a checklist for your case after the consultation.

  • Every Form DS-2019 issued, including amendments
  • J-1 visa stamps and I-94 records
  • Funding letters or grant records for each program
  • Passport and a current CV
  • For hardship waivers: evidence about the U.S. citizen or permanent resident spouse or child

Questions clients ask

Does the two-year rule apply to me?
It applies when a U.S. or foreign government funded the program, when the visitor's field appears on the Exchange Visitor Skills List for their country, or when the visitor came for graduate medical education or training. The DS-2019 and visa stamp often carry a preliminary note, but that note is not the final word.
Did the 2024 Skills List change affect me?
Possibly. The Department of State published a revised list on 9 December 2024 that removed many countries, and it also applies to people who started their programs earlier. If the Skills List was the only reason you were subject to the rule, you may no longer be subject. Government funding and graduate medical training still trigger the rule.
Can I change to H-1B inside the United States while the rule applies?
No. A person subject to the requirement cannot change to H or L status, or adjust to permanent residence, until the requirement is met or waived. The rule does not bar O-1 status, although the O-1 visa generally has to be obtained abroad.
What is a no-objection statement?
A letter from the visitor's home government saying it does not object to the visitor staying in the United States. It is not available to physicians who came for graduate medical training.
What is the Conrad 30 program?
A program that lets each state's health agency request waivers for up to 30 foreign physicians a year who agree to work full time for three years in an area with a shortage of health professionals.
Can a J-2 spouse work?
Yes, once USCIS approves a work permit application. The J-2 spouse's income may not be used to support the J-1 visitor.

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