Returning Home

Home Country Physical Presence Requirement – 212(e)

If your DS-2019 indicates that you are subject to the two-year home country physical presence requirement (section 212(e) of the U.S. Immigration and Nationality Act), then you will be required to return to your home country for a minimum of two years before being eligible for:  

• H, L, or K visa classification.
• U.S. permanent residency.
• Filing a change of status petition from within the U.S. to any other visa classification. 

Whether you are subject to this rule will be determined by the consular officer during your visa appointment and indicated on your J-1 Visa. 

For more information, please contact U.S. Citizenship and Immigration Services or the U.S. Department of State. 

Returning Home at the End of Your Program to Avoid “Unlawful Presence” 

As a participant of the Internship USA or Career Training USA Program, you are eligible to travel and spend time in your adopted community during your 30-day travel period/grace period at the conclusion of your training. Your travel period is the time between your DS end date and program end date but cannot exceed 30 days. Please note that you need to have purchased insurance for the entire time that you are in the U.S., including the travel/grace period.

If you stay beyond the 30-day grace period, you will automatically begin accruing ‘unlawful presence’. ‘Unlawful presence’, a term used by the United States Citizenship and Immigration Services (USCIS), is used to describe a J-1 exchange visitor who has stayed in the U.S. after the 30-day grace period following the dates listed on their DS-2019. The longer you stay after your grace period ends, the more unlawful presence you accrue.  

The only way to avoid accruing unlawful presence is to depart the U.S. at the conclusion of your program.  

Changing visa status or choosing not to leave on time can severely limit your ability to return to the U.S. in the future.