2 Year Rule Does Not Apply

J-1 exchange visitors and their J-2 members are subject to the two-year rule if one of the following three criteria is met: The Berkeley International Office organizes workshops that cover all aspects of the country of origin`s two-year physical presence. Please attend one of these meetings for more information, or if you have any questions, and in any case, BEFORE requesting a waiver. If the exchange visitor can prove that their departure from the United States would cause extreme hardship to a spouse or child who is a U.S. citizen or lawful permanent resident, they can apply for a waiver. Please note that separation from family is not considered sufficient to establish exceptional difficulties. One of the main problems with J-1 status is determining whether or not you are subject to the two-year residency requirement and, if so, what options are available. Please read the following information carefully and contact your OIA advisor if you have any questions. Sarah`s IAP-66 (Certificate of Eligibility) and J-1 visas do not indicate that she is subject to the two-year rule. Sarah is not subject to the two-year rule if both documents do not have a two-year requirement rating. If you get expert advice, you should receive a conclusion within four to six weeks. For a more effective but less definitive result, you can complete the survey on the J Visa Waiver Online website, which predicts whether or not you should follow the two-year rule, although it cannot give you an official decision. Not all J-1 visa holders are subject to this requirement.

You must meet the two-year requirement for the physical presence of the country of origin if you: Although there are more detailed instructions on the website, you will essentially have to fill in biographical information and choose the reason for your J-1 visa waiver: in this case, „no objection”. This form reserves a file number for you and generates the document packages and cover sheets you need to apply for a J-1 visa waiver. It will also provide you with a more complete list of instructions, including the documents you need to send to the waiver review service. The two-year rule does not require individuals to return home. Instead, it restricts options for U.S. immigration benefits for those who don`t. It does not prohibit applications for other non-immigrant visas, provided that all other eligibility criteria are met. Further information on the application can be found on the website of the Ministry of Foreign Affairs. The processing of an application for exemption from a two-year stay abroad can be a complicated and time-consuming measure. Most importantly, initiating the waiver process can also compromise your ability to maintain or extend your current J-1 visa status.

This requirement does not prohibit a visitor from returning to the United States with a different immigration status. For example, if the visitor wants to return as a tourist or student within the two-year period and meets the requirements for these entries, the two-year physical presence does not prohibit it. If you have a question about whether you are subject to requirement 212(e) or how and when to request a waiver, you should attend a workshop or make an appointment to speak with a consultant from the International Bureau of Berkeley. J-1 visa holders who are pursuing medical education or training in the United States can apply for a waiver through the Conrad State 30 program, where you work for three years at a health care facility in an area where there is a shortage of medical professionals. Paula owns J-2. Her husband Jack holds a J-1. Since Jack, its J-1 director, is subject to the two-year residency requirement, Paula is also subject to the two-year residency requirement. However, Paula should not meet the requirement of a two-year stay abroad on her own. Q: How do I know if I need to meet the two-year residency requirement abroad? A: If a J-1 holder is unsure whether they will meet the two-year foreign residency requirement, they may seek the advice of the Waiver Review Division. Q: What is an assessment? A: An assessment is a statement from the Waiver Examination Division that explains whether or not a J-1 holder must meet the two-year foreign residency requirement.

Q: What do I need to submit to receive a notice? A: You must send copies of your Forms DS-2019/IAP-66 and a request for notice to the following address: U.S. Department of State CA/VO/L/W, Visa Services 2401 E Street, NW, (SA-1) Washington, DC 20522-0106 Q: What is the Exchange Visitor Skills List? A: This is a list compiled by the Ministry of Foreign Affairs that indicates the capabilities that each country needs. Q: Where can I find a copy of the exchange visitor skills list? A: The list of exchange visitors` skills is available on the Department of State website. Q: How do I know which list of skills in the country applies to me? A: The list of jurisdictions of the country that applies to a J-1 holder is that of the country of legal residence where the J-1 holder was resident when he received his J-1 visa. Q: Can I upgrade from J-1 status to another nonimmigrant visa outside the United States if I am subject to the two-year residency requirement? A: Yes. You can obtain a nonimmigrant visa (O, E, or F visa) from a U.S. consulate abroad. However, you cannot obtain an H or L visa until you have received a J-1 waiver or until you have met the two-year requirement for residence abroad. Example: May wants to upgrade from J-1 status to another nonimmigrant visa in the United States However, she is still subject to the two-year residency requirement. May cannot switch from one J-1 visa to another non-immigrant visa unless she receives a J-1 exemption. Example: Jesus wants to obtain another type of nonimmigrant visa, but he is still required to meet his J-1 foreign residency requirement. Jesus must go to a U.S.

consulate in a foreign country to apply for the visa. If Jesus wants to keep Z&A, a Z&A lawyer can accompany him to Mexico to apply for a third-country visa. For more information on visas for third countries, please click here. Example: Lee wants to obtain an immigrant visa from a U.S. consulate before fulfilling the two-year requirement to reside abroad. Lee is unable to do so until he has complied with the two-year rule. Example: Vince is subject to the two-year rule and his net asset value is approved. He wants to get a green card.

Vince has the right to claim a net asset value, although he is subject to the two-year rule. However, Vince still needs to obtain an exemption or meet the two-year residency requirement before qualifying for a green card. Example: Ben wants to move from J-2 status to J-1 status.

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