What is the 2 year rule for J-1?

Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence 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).

Who is not subject to 2 year rule on J-1?

Who Isn't Subject to Two-Year Home-Residence Requirement. Not all J-1 visa holders are subject to the two-year home residence requirement. It applies only to participants in three types of exchange visitor programs: programs for foreign medical graduates who receive graduate medical training (residencies) in the U.S.

How do you waive the 2 year rule?

How do I document my compliance with the 2 year requirement?

A: You need to compile documentation as proof that you have stayed in your home country for 2 years. Examples of documentation include entry and exit stamps in your passport, lease agreements, employment letters, letters of school attendance, and affidavits from third parties.

What is the 2 year bar rule?

The Two-Year Home Residence Requirement also known as 212(e) stipulates that a J-1 who is subject to this bar must return to their home country (last country of legal permanent residence) and physically remain there for an aggregate of two years before being eligible to return to the U.S. as a Permanent Resident, H-1B ...

J-1 Visa 2-Year Rule

What is the two year repeat participation bar?

Following their exchange visitor program, individuals who participated in a J-1 Research Scholar or Professor category program are automatically subjected to a 24-month (two year) bar from participating in another J-1 Research Scholar or Professor program.

What is the waiver for 10-year bar?

To qualify for this waiver, which if approved, allows the immigrant to lawfully re-enter with the immigrant visa and not wait outside the US for 3 or 10 years, the immigrant must prove that his or her USC or LPR spouse or parent will suffer EXTREME HARDSHIP if the waiver is not approved.

What is the time limit for J-1 visa?

The five year maximum stay for a J-1 research scholar/professor. The five year “clock” begins with the start date on the Form DS-2019 and this status remains available until the end of five years from that date or the date the J-1 program is concluded, whichever is earlier.

How long can I stay in the US with a J-1 visa?

Exchange visitors who are teachers, professors, research scholars, or people with specialized skills may be issued J-1 visas for no more than five years, plus 30 days in which to prepare to depart the United States.

How long can I stay after J-1 visa expires?

If your visa and DS-2019 have already expired, the J1 visa grace period is 30 days to leave the US. Many of us wonder how we can extend our stay beyond 5 years to continue our work in the US or for any other reason. In this article, I'm sharing my personal experience and observations from people I've known.

What is the 90 day rule for J-1 waiver?

Agree to begin employment at the health care facility within 90 days of receipt of the waiver, not the date the FMG's J-1 visa expires. Employment is not required to begin within 90 days of receipt of the waiver. The FMG must agree to begin employment within this 90-day period.

What is a J-1 visa waiver?

The J-1 Visa waiver waives the two-year home residency requirement allowing a foreign medical graduate to attend an advanced training program in the United States and waives the requirement for graduates to return to their native country.

Can you go from J-1 to green card?

If a visa number becomes available before your J-1 term concludes, you'll be able to stay in the United States and follow the same green card application process for most other spouses living in the United States and married to a green card holder.

Is J-1 visa tax exempt for 2 years?

Generally, a J-1 alien cannot exclude U.S. day of presence as a “teacher or trainee” for more than two calendar years. Four year exception: Subject to certain conditions, the two-year teacher or trainee limit can be extended up to four calendar years.

What is the 2 year requirement?

The two-year home residency requirement (or 212(e), as it is referenced in the immigration regulations) means that those who come the U.S. in J-1 status cannot become permanent residents in the U.S., change status in the U.S., or get work or family-based visa status such as H, L or K until they return to their country ...

Can I change my J-1 visa to B2?

If your J1 doesn't have the INA 212(e) two-year home residency requirement, you can file form I-539 for Change of Status to B2 visitor status. If your J1 has the INA 212(e) two-year home residency requirement, you cannot do Change of Status within the US.

Can I get a J-1 visa without a sponsor?

Do I need a sponsor? Yes. The State Department designates U.S. government, academic and private sector entities to conduct educational and cultural exchange programs. To participate in the Exchange Visitor Program, foreign nationals must be sponsored by one of the State Department-designated sponsors.

What happens if I overstay my J-1 visa?

If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.

How many times can you go on a J-1?

How many times can I go on the J1 Summer Work & Travel Programme? You can go on a J1 Summer Work and Travel Visa three times, once you still qualify under the eligibility section and have not previously been terminated from your J1 Programme.

Does J-1 visa allow multiple entry?

The J-1 visa can be issued to permit multiple entries. It is recommended that you specifically request this when applying for your visa. If you already have your visa, you can check it to make sure. If it has an “S,” it is a single-entry visa.

Can I extend my J-1 visa?

Extensions may be granted until the scholar reaches the five-year maximum given evidence that the J exchange visitor requires additional time to complete his/her program objectives. Sufficient funds (Current Minimum Financial Support) must be available and documented to support the exchange visitor and any dependents.

What is the 3 year vs 10 year bar?

Individuals who accrue a certain amount of time of unlawful presence are inadmissible, or ineligible to receive a visa or adjust their status. Remaining in the U.S. without authorization for more than 180 days but less than a year triggers a three-year bar; more than one year is a ten-year bar.

What is the difference between the permanent bar and the 10 year bar?

Almost 24 years ago, Congress added four new grounds of inadmissibility, all of which went into effect on April 1, 1997: the three-year bar for departing after accruing more than 180 days of unlawful presence; the ten-year for departing after accruing a year or more of unlawful presence; and the two “permanent” bars ...

What happens after the 10 year bar?

In general, this bar is “permanent” since there are basically no easy ways to get around it. After a 3 or 10-year bar, an individual can apply for a visa to reenter the US.

What is the 2 year home rule?

If you are subject to Section 212(e) and choose to fulfill it, you must be physically present in your country of nationality or last legal permanent residence for an aggregate of at least two years after departing the US at the end of your J-1 program.