I’m from Serbia and I’ve been in South Carolina for almost two years on a J-1 visa. My program is ending soon, and I’m confused about the “two-year home residency requirement” that I heard some J-1 holders are subject to. I’ve made strong connections here, and I’m exploring the idea of either staying in the U.S. or at least being able to return quickly without having to wait two years. But I don’t even know if that rule applies to me or how to check. What should someone like me know before making any decision or applying to stay longer?

Question

Osahon Ibhadode · Accepted Answer

The two-year rule doesn’t apply to everyone; it depends on your funding, skills list, and program details. Check your DS-2019 and J-1 visa stamp for the “212(e)” notation.

Rashidat Balogun · Answer

If you're subject to the rule, you’ll need to either return to Serbia for two years or apply for a waiver. Waivers can be granted based on hardship, persecution, or a no-objection letter from your home country. It's a paperwork-heavy process, but people do get approved.

Aisulu Nurpeisova · Answer

First, don’t panic; there’s a clear way to find out. You can request an Advisory Opinion from the Department of State to confirm whether you're subject to the 212(e) rule. If you are, getting a waiver is possible but can take several months depending on the type you pursue. Common options include the “no objection” route or a waiver based on U.S. citizen hardship. It's best to start early so you don’t fall out of status while waiting.

Zlata Petrovic

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