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Two-year Residence Requirement

Please note that the following information is meant to be used only by Florida State University faculty, staff, students, and potential visitors to Florida State University and only in the context of international visits to FSU specifically. It is not intended to be used and should not be construed as general legal advice.

Many of those in J status (including J-2 dependents) are subject to what is commonly referred to as the two-year rule or two-year residence requirement. The regulatory site used on visas and I-94 cards is 212(e).

Each time an exchange visitor in J status receives a visa from a U.S. consulate abroad, the consulate should indicate on the DS-2019 form and/or the visa whether or not the person is subject to the two-year rule. The indication on the DS-2019 form occurs in the bottom left box of the DS-2019 form for endorsement of the consular officer (extensions and amended forms issued by FSU will generally not include this indication until one applies for a visa abroad). The notation on the visa will generally say something like "Two-year rule applies" or "212(e) does not apply". Occasionally, the consulate will not mark either document, but the rule will still be in effect if it applies.

The two-year rule applies to those who have received U.S. or foreign government funding specifically intended for international educational exchange or to those whose specialty appears on a skills list for their last country of permanent residence. The skills list contains lists of certain occupations/fields of study for each country. Exchange visitors whose field appears on the list for their country of last permanent residence should return to that country for a period of two years before applying for any type of immigrant visa - H, L, or permanent residency. The skills list is at http://exchanges.state.gov/education/jexchanges/participation/skills_list.pdf. Time spent outside the U.S., but not in the last country of permanent residence, does not count toward fulfillment of the two-year rule.

Please note that FSU departmental funding which comes from a government grant, but which can be used to hire any researcher, U.S. or international, is not considered specific government funding of a visitor's stay. If, though, the funding was given to FSU specifically to bring a certain international researcher from abroad or to otherwise facilitate international educational exchange, the funding is considered "government funding" subjecting the visitor to the two-year rule. The two-year rule affects the following statuses only:

• H status - temporary worker;
• L status - intracompany transferee (foreign company hiring for a job in U.S.);
• any form of permanent residency (including spouse of U.S. citizen or permanent resident and winners of the diversity visa lottery); and
• change to any other status while remaining in the U.S.

The two-year rule does not affect eligibility for non-immigrant statuses, such as B - tourist, A-diplomat, F - student, or J - exchange visitor, but the form I-539 does not allow those subject to the two-year rule to submit the form for a change of status while remaining in the U.S. Those wishing to change status must either receive a waiver of the two-year rule or apply for a new status at a U.S. consulate abroad. Although 212(e) does not affect J status, there is separate one-year bar rule which affects the research scholar/professor categories. Please see One-year Bar.

The two-year rule and one-year bar also do not affect extensions and transfers of one's current J program. Extensions may be obtained by discussing an extension of one's research program with the inviting department. The inviting department and visiting scholar will then complete an Request for Certificate of Eligibility Form DS-2019.

Florida State University does not endorse or recommend that scholars or students in J-1 status waive the two-year rule. It is recommended that those in J-1 status fulfill the two-year rule before applying for an immigrant status. For more information on the waiver issues, though, please visit http://travel.state.gov/visa/temp/info/info_1296.html.
Please note that once the Department of State's recommendation for approval of a waiver is received by a sponsor, no further extensions of one's J status are permitted.

All forms are available in alternative format upon request.