US 2-year home residency rule: What Nigerians and others need to know about new 44-country list
The United States has identified 44 countries whose nationals may be subject to a two-year home-country physical presence requirement after completing certain exchange visitor programmes.
Nigeria is among the countries on the US Exchange Visitor Skills List, alongside Ghana, Kenya, Liberia, South Africa and several other African countries.
However, being a national of one of the 44 countries does not automatically mean every exchange visitor must return home for two years.
The requirement generally applies when both the person’s country and their field of specialised knowledge or skill appear on the relevant Skills List. It can also apply on other grounds, including certain government-funded exchange programmes and graduate medical education or training in the US.
Here is what Nigerians and other affected exchange visitors need to know.
What is the US 2-year home residency rule?
The rule applies to certain people who enter the US under the J-1 Exchange Visitor Programme.
Under Section 212(e) of the US Immigration and Nationality Act, some J-1 exchange visitors must return to their home country and spend a cumulative total of at least two years there after completing their exchange programme.
The requirement is commonly called the two-year home-country physical presence requirement.
It does not simply mean that a person is banned from travelling to the US for two years.
Rather, someone who is subject to the requirement faces restrictions on obtaining certain immigration benefits until the requirement has been fulfilled or waived.
For example, they generally cannot change status in the US to certain temporary worker categories, adjust status to lawful permanent residence or obtain certain H, L or K visas until they have met the requirement or secured a waiver.
Why is Nigeria on the US list?
Nigeria appears on the US Department of State’s current Exchange Visitor Skills List.
The list identifies countries where the US government has determined that certain specialised knowledge and skills are needed for the country’s development.
For Nigeria, the list covers a broad range of fields, including agriculture, natural resources, communication and journalism, computer and information sciences, education, engineering, foreign languages, legal professions and liberal arts.
The official Federal Register notice lists Nigeria with numerous corresponding field codes under the 2024 Skills List.
This means a Nigerian J-1 exchange visitor whose programme involves a field listed for Nigeria may be subject to the two-year requirement.
Which 44 countries are on the list?
The US Department of State’s current country list contains 44 countries.
They are:
- Belize
- Benin
- Burkina Faso
- Burma
- Cabo Verde
- Cambodia
- Cameroon
- Democratic Republic of the Congo
- Djibouti
- Ecuador
- El Salvador
- Eritrea
- Ethiopia
- Fiji
- The Gambia
- Ghana
- Guatemala
- Haiti
- Honduras
- Jamaica
- Kenya
- Kosovo
- Lebanon
- Liberia
- Malawi
- Mali
- Mauritania
- Mozambique
- Nepal
- Nicaragua
- Niger
- Nigeria
- Palestinian Authority (West Bank and Gaza)
- Philippines
- Rwanda
- Senegal
- Tajikistan
- Tanzania
- Timor-Leste
- Togo
- Tonga
- Venezuela
- Yemen
- Zambia
The Department of State says the relevant Skills List should be checked by country and field rather than treating the country list alone as an automatic determination.
Does every Nigerian J-1 visa holder have to return for two years?
No.
This is one of the most important points for Nigerians trying to understand the announcement.
The US Department of State says an exchange visitor is subject to the Skills List-based requirement when their country is on the list and their field of specialised knowledge or skill is also on that country’s list.
For example, Nigeria’s list includes several fields under communication and journalism, including communication and media studies, journalism, broadcast journalism, photojournalism, online/web page news, public relations and advertising.
It also includes fields in areas such as computer science, engineering, education, agriculture and law.
Therefore, a Nigerian should check both their nationality and the field covered by their J-1 exchange programme before concluding that the two-year requirement applies.
What other situations can trigger the two-year requirement?
The Skills List is only one of the grounds under US immigration law.
A J-1 exchange visitor may also be subject to the requirement if the exchange programme was funded in whole or in part by the US government, the person’s home government or an international organisation that received government funding.
Another basis is graduate medical education or training in the United States.
The State Department lists these alongside the Skills List as the three major circumstances that can trigger the requirement.
This means a person whose field is not on the relevant Skills List could still be subject to the two-year requirement for another reason.
What happens after the exchange programme?
If the requirement applies, the exchange visitor must spend a cumulative total of at least two years physically present in the relevant home country after completing the programme.
The requirement is not necessarily two uninterrupted calendar years.
The State Department describes it as a cumulative period of at least two years.
For most people, the relevant country is their country of nationality or, in certain circumstances, the country where they were legally resident when they obtained J-1 status.
The person can still travel to the United States during this period. However, the immigration restrictions associated with Section 212(e) remain until the requirement is fulfilled or waived.
Can a Nigerian get a waiver?
Yes.
US immigration law provides a process through which an exchange visitor subject to the two-year requirement can seek a waiver.
The Department of State’s Waiver Review Division considers waiver requests and, where appropriate, makes a recommendation to the US Citizenship and Immigration Services, which makes the final decision on the waiver.
The process involves submitting the relevant application and supporting documents.
The State Department provides an online process for the DS-3035 J Visa Waiver Recommendation Application.
However, being eligible to apply for a waiver does not mean that the waiver will automatically be granted.
What if someone is unsure whether the rule applies?
The Department of State allows exchange visitors who are uncertain about their status to request an Advisory Opinion.
The Waiver Review Division can examine the person’s exchange programme documents and determine whether the two-year home-country physical presence requirement applies.
The State Department says an advisory opinion request should include information such as the person’s J-1 programme, programme dates, funding sources and relevant immigration documents.
The department currently says an advisory opinion can take approximately four to six weeks to process.
This is particularly relevant to Nigerian exchange visitors whose field, funding arrangement or programme circumstances make it unclear whether Section 212(e) applies.
When did the current US Skills List take effect?
The current Skills List was published by the US Department of State in December 2024 and became effective on December 9, 2024.
The department said the revised list replaced the previous 2009 Skills List.
The change also affected some people who had previously been subject to the two-year requirement under the older list.
The State Department said J-1 exchange visitors whose countries were on the previous list but were removed from the revised 2024 list would no longer be subject to the requirement on the basis of the Skills List, although they could still be subject to it because of government funding or graduate medical training.
What does this mean for Nigerians?
For Nigerians considering or already participating in a J-1 exchange programme, the important issue is not simply that Nigeria is on the 44-country list.
They need to determine whether their programme falls within one of the Nigerian fields on the Skills List and whether another basis, such as government funding or graduate medical training, applies.
Nigerian exchange visitors should therefore check their DS-2019, J-1 visa documentation and programme details and compare their field with the official Nigeria Skills List.
Those who remain uncertain can seek an official advisory opinion from the State Department rather than relying solely on a general country list.
The US rule has therefore created a significant consideration for some Nigerian exchange visitors planning their next step after completing their programmes.
For those subject to Section 212(e), the two-year home-country requirement can affect applications for permanent residence and certain work and other visas. For those who are not subject to it, being Nigerian or participating in a J-1 programme alone does not automatically create the two-year obligation.