J1 visa with the “212 (e) rule does apply”
I have a J1 visa with the ''212 (e) rule does apply'' written below my visa but my visa is expired. Is it possible for me to enter the US? What do I need to do?
Best Answer
The two year home country physical presence requirement does not mean you cannot travel to the US as a visitor. It does mean that you cannot work in or immigrate to the US during that time.
From the US State Department:
It means you must return to your home country for a cumulative total period of at least two years. You are not prohibited from travelling to the United States. , However, you cannot do any of the following until you fulfull this requirement:
- Change status in the United States to a nonimmigrant temporary worker (H) or intracompany transferee (L);
- Adjust status in the United States to immigrant visa/lawful permanent resident status (LPR);
- Receive an immigrant visa at a U.S. Embassy or Consulate; or
- Receive a temporary worker (H), intracompany transferee (L), or fiancé (K) visa.
There is a provision in U.S. law for a waiver of this requirement by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). The former exchange visitor must apply for the waiver. The Department of State, Waiver Review Division must recommend the waiver to USCIS. Learn more about requesting a waiver.
(errors in the original)
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Does all J-1 visa have 2 year rule?
Overview. 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).How do I know if I am subject to 212 e?
Who is Subject to 212(e)? As a J-1 Exchange Visitor, you are subject to 212(e) if you: Receive direct or indirect funding from either your home country government or the U.S. government. All J-1 Exchange Visitors sponsored by NIH are subject to 212(e) on this basis.What is 212 E J-1 visa?
INA 212(e) makes certain J visa participants ineligible for an H, L, or Lawful Permanent Resident (LPR) status until they have returned to and been physically present in their last country of citizenship or permanent residence for a minimum of two years after completion of their J exchange programs.How do you waive the 2 year rule?
Might You Qualify for Waiver of Two-Year Home-Residence Requirement?How To Get a J-1 Visa in USA
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