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What is not subject to 212 e?
Evidence of whether or not you are subject to the two year foreign residence requirement may usually be found: 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.”
What is a 212 E requirement?
It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). If you cannot return home for two years, you must apply for a waiver.
What does two year rule does not apply mean?
Two-year rule does apply.” Although that language is sometimes entered in error, it usually means that the holder is subject to what’s called the two-year home-stay or home-residence requirement.
What is ds3035?
This web site allows exchange visitors desiring a waiver of 212(e) to reserve a case number and begin the paperwork for their request to the Department of State Waiver Review Division for a waiver recommendation.
Is it hard to get a J-1 waiver?
If you received funding from your home government or an international organization, or are subject based on the skills list, you may request a waiver for the J-1 home residency requirement. However, it is extremely difficult to get a waiver if you received U.S. government funding.
How long is J-1 waiver?
The J-1 visa is a non-immigrant exchange visitor visa and is often used by FMGs pursuing a medical residency or fellowship training in the United States. The J-1 visa allows holders to remain in the U.S., normally for up to seven years, until they complete their Graduate Medical Education (GME).
How do I know if I am subject to 212 e?
If you are unsure whether you are subject to Section 212(e), check your J-1 visa stamp and/or copies of your Form DS-2019. You should review all of your J-1 visas and DS-2019 forms since may they reflect different information at different stages of your J-1 program.
Are au pairs subject to 212 e?
Not Subject to Section 212(e) of the Immigration and Nationality Act. 9 FAM 402.5-6(L)(1)(b) makes clear that Au Pair Program participants are not subject to the home residency requirement in section 212(e) of the Immigration and Nationality Act (INA).
Can J-1 waiver be denied?
If your J-1 visa waiver application has been denied, you will be provided with the specific reason for the same. Generally, the waiver applications are denied when the reasons given for the waiver don’t outweigh the program and foreign policy considerations of the exchange visitor program.
Can I withdraw my J-1 waiver application?
A successful withdrawal can be checked online. Applicants can apply for another waiver application in the future if the waiver has been applied and then withdrawn. However if WRD has recommended the waiver and forwarded its recommendation to USCIS then the applicant should contact USCIS regarding the withdrawal.
Is it hard to get a J1 waiver?
What is the 212(E) rule under the J-1 visa?
One of the most common questions received from foreign nationals under J-1 visa status is about the 212(e) rule, also known as the “two year” rule. This specific rule requires exchange participants to return to their home country for at least two years or more, unless they receive a waiver.
What does 212 E mean on H-1B?
If you are subject to Section 212 (e), this means that you will not be able to obtain an H-1B temporary worker visa or US permanent residence (as well as L and K visas) until you have satisfied the two year home residency requirement or had the requirement waived.
What happens if you are subject to Section 212(E)?
If you are subject to Section 212 (e), this means that you will not be able to obtain an H-1B temporary worker visa or US permanent residence until you have satisfied the two year home residency requirement or had the requirement waived. In addition, you are not permitted to change to another immigration status while in the US.
What is an example of a 212 e visa?
For example, a person subject to 212 (e) could return to the US using a B-1 / B-2 visitor’s visa, F-1 student visa, or O-1 visa for aliens of extraordinary ability, among others. Section 212 (e) is a lifetime requirement in that it applies to you until the requirement is either fulfilled or waived.