UNDERSTANDING THE UNITED STATES J-1 VISA TWO YEARS RULE

The J-1 visa program is a great chance to learn about different cultures and grow your skills. But, usually, you have to go back to your home country for two years after you finish the program. Let us dive into understanding the United States j-1 visa two years rule.

If you are a J-1 exchange visitor in the United States, and you check your Certificate of Eligibility/Form DS-2019 from your program sponsor or your entry visa, you might see something like, “Bearer is subject to Section 212(e). The two-year rule applies.” If you notice this and plan to go back home after your stay in the US and not look into getting another nonimmigrant visa or a green card (permanent residency) anytime soon, that is cool.

There are, however, some special cases where going back home might not be possible or a good idea. This post(Understanding the United States j-1 visa two years rule) will help you get the hang of the rules, look into possible exceptions.

Overview of the two-year rule

Understanding the United States j-1 visa two years rule:

This rule states that people with J-1 visas need to go back to their home countries and live there for at least two years after they finish their US program.

Who has to follow this rule?

It mainly affects those with J-1 visas who got help from the US government or their program.

To sum it up, the Department of State is key in:

• Deciding if you can get a J-1 visa and giving them to you.
• Giving money and support to certain J-1 visa programs.
• Looking at cases and deciding if you can get around the two-year home return rule.
• Helping people with J-1 visas.

For those trying to figure out how to get around the J-1 visa’s two-year home return rule, knowing what the Department of State does can help them get exceptions, waivers, and support to reach their goals.

It is worth mentioning that you can’t get a green card while following the J-1 two-year rule. However, you are allowed to visit the US during this time, though it is hard to get permanent residency. This is why understanding the United States j-1 visa two years rule is very important.

Why the two-year rule?

The reason there is a rule about living in the country you are visiting is because of the law. The J-1 visa is a program that allows people to come to the US to learn something special or different. These students are supposed to take what they have learned back to their home country. This is what makes the visa an “exchange” visa.

Those exempted from the two-year rule

Not everyone with a J-1 visa has to return and stay in their home country for at least two years. This rule only applies to a few types of visitors:

• Those getting advanced medical training in the US from other countries,
• Those getting funded by their own government, the US government, or global organizations, and
• Those teaching skills that aren’t widely available in their home countries. The Department of State keeps a list of these skills and the countries that need them the most. You can find this list on the Skills List by Country page of the DOS website.

How do you prove you have met the two-year rule?

If you are planning to leave the US at the end of your J-1 visa, make sure you spend at least two years  in your home country before you come back. To do this, you will need to show that you did spend that time away.

The USCIS, which is in charge of immigration stuff, has given some tips on this in Chapter 3 of its Policy Manual. Basically, they say that if you are applying for immigration benefits, you should provide proof like:

• A calendar showing how many days you were in your home country.
• Passport stamps.
• Travel receipts.
• Records from your job.
• School records.
• Rent or lease agreements.
• Statements from people who saw you in your home country.

Even if you were in your home country for part of a day, it counts as a full day.

Criteria for waiver

To qualify for a J-1 visa two-year waiver, you must meet one of these five criteria:

1.) Your home government approves.

If you are from another country and a foreign medical graduate, the easiest way to get a waiver is to have your home government authorize your stay in the US to apply for permanent residency (a green card), especially if they funded your studies abroad. Ask your home country’s embassy for a “no objection letter.”

2.) The US government needs you.

If you are working on a project important to a US government agency and they believe you need to stay to assist, they might help you get a waiver. Foreign medical graduates could qualify for this if they work for the US Department of Agriculture or the Department of Health and Human Services.

3.) You are in danger back home.

If you fear returning to your country due to your race, religion, or political beliefs, you can apply for a waiver. Unlike asylum seekers, you must demonstrate that returning would lead to actual persecution, not just fear of it.

4.) Your family would suffer greatly.

If your spouse or children are US citizens or permanent residents, and you can prove that leaving the US would cause them significant problems, you might qualify. However, you must show the US government that your family’s situation is much worse than just missing each other or facing financial or language issues.

5.) You are needed as a physician.

If you are a foreign medical graduate with a full-time job offer at a healthcare facility in an area with a doctor shortage, and you agree to start working there within 90 days of receiving the waiver and to work full-time for at least three years, you may be granted a waiver.

The steps to apply for a waiver

• Collect proof: Get all the documents that back up why you need a waiver (like evidence of being persecuted, hardship proof, etc.).
• Pick the right waiver type: Figure out which waiver type fits your situation the best.
• Talk to an immigration lawyer: It is a good idea to get advice from an immigration attorney because it is complicated.
• Fill out form I-612: This is the official waiver form that needs to be filled out carefully and exactly as it says.
• Get ready for an interview: You might have to talk to US Citizenship and Immigration Services (USCIS) to go over your case and evidence.
• Patience is key: You will have to wait for a decision, and how long that takes can vary.

Possible issues in applying for a waiver

If you are just getting started with your waiver application and haven’t hit any bumps yet, you are good to go; your J-1 status won’t be affected. But, if the DOS Waiver Review Division gives you the approval on your waiver, you are out of the clear as a J-1 program participant. This means you can’t extend your time here (or switch programs as smoothly).

You can’t stretch your time in the US beyond the expiration date on your DS-2019.

So, it pays off to really think about when you apply for your waiver. Make sure you have your J-1 visa dates pushed out as far as you can, just in case your waiver ends up going through. It is also a smart move to get your J-1 visa in your passport at a US consulate back home when you are extending those dates.

Tips to help the waiver application

• Get started early:

Don’t put it off until the last minute to think about getting a waiver. Look into what you can do and start collecting all the needed papers ahead of time.

• Make it fit:

Figure out which type of waiver you are going for and make sure your documents really hit the mark for what they are looking for. Don’t throw in stuff that doesn’t really matter and might take away from what you are trying to say.

• Be detailed and keep things neat:

Make sure you fill out form I-612 completely and include everything they need. If you leave something out or mess up, it could slow things down or even mess up your application.

• Ask for help:

Getting advice from an immigration attorney who knows their way around waivers can be super helpful. They can guide you through everything, check if you are a good fit, and help you put together a solid application.

Get help!

Getting advice from an immigration attorney who knows about immigration can be super helpful because the whole waiver and immigration rules thing can get pretty complicated.

Our immigration attorneys at Gehi and Associates can help you figure it out. Don’t be shy about getting in touch with our seasoned immigration attorneys today!