J-1 to EB-3 Visa Transition: Understanding the 2-Year Home Residency Requirement

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Determining Your Eligibility for EB-3 Visa

If you are a J-1 exchange visitor and wish to apply for an EB-3 visa, the rules of your J-1 visa will determine whether you can adjust your status or must apply abroad for consular processing. First, you must determine if the home residency requirement applies to you.

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What is the 2-Year Home Residency Requirement?

The home residency requirement means that some J-1 visa holders must return to their home country for a cumulative period of two years after completing their exchange program to ensure that the home country benefits from the skills and experience of that J-1 visa holder.

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How to Check if You're Subject to 212(e)

Evidence of whether you are subject to the two-year home residency requirement can usually be found:

On Your J-1 Visa Stamp

• On the J-1 visa stamp page in your passport. It may bear the phrase: "Bearer is (or is not) subject to 212(e). Two-year rule does/does not apply."

On Your DS-2019 Form

• In the section in the lower left-hand corner of your DS-2019 form labeled "preliminary endorsement."

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Your Path Forward Based on 212(e) Status

If NOT Subject to 212(e)

If your visa or DS-2019 indicates that you are not subject to 212(e) and the two-year rule does not apply, you may apply for an adjustment of status.

If Subject to 212(e)

However, if you are subject to the two-year rule, you will need to obtain a waiver through Form DS-3035. If your waiver request is approved, you will no longer be subject to the requirement, and you can proceed with applying for an EB-3 visa.

Recommended Action

It is advisable to consult an attorney to assist you with this process.