Office of International Education

UC Santa Cruz

J-1 Scholar Bars, Bans and Limitations

ISSS will consult with scholars, divisions and departments on individual cases to determine the appropriate type of visa and category for researchers and professors from other countries. We recommend consulting with ISSS as far in advance as possible to allow adequate planning time.

Waiver of the J-1 Visa Two-Year Foreign Residence Requirement, 212(e)
Short Term Scholar Category

Certain (not all) J-1 Exchange Visitors and their J-2 dependents are subject to the two-year home country physical presence requirement (also known as the two-year rule) and thus are obligated to return to their home country for at least two years before applying for an H-1B visa or becoming a permanent resident of the U.S.

The two-year home country physical presence requirement is defined by Section 212(e) of the Immigration and Naturalization Act (INA). J-1 visitors "subject" to section 212(e) must return to their country of last legal residence for two years or obtain a waiver of this requirement before they are eligible for an employment visa such as H-1B Nonimmigrant Worker or Permanent Residence (Green Card).

Please see additional important information at the U.S. Department of State's website:
Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)