Print Version. All rights reserved. In situations where it is not clear whether an exchange visitor is subject to 212(e), the State Department can provide an advisory opinion. A no objection statement is perhaps the most straightforward approach to obtaining a waiver of the two-year rule, but may be insufficient in instances where the home country is unwilling to issue it, or the exchange program was financed by the U.S. or home country government. (You can unsubscribe anytime). Cambridge, MA 02138 Failure to inform an HIO advisor regarding this matter could jeopardize the visa holder's ability to secure an extension of the Form DS-2019, or the option to change into another non-immigrant status. Wonder whether your are subject to 212e ( home residency) rule? Skills List * If you are applying for an Advisory Opinion, please be sure to mail the following documents the US Department of State: Harvard sponsored J-1 s should contact the HIO with questions regarding whether or not they are subject to the requirement. I am wondering now whether the same is true for an advisory opinion. 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. Can the requirement be waived? Advisory Opinion on Subjectivity to 212(e) If you do not know whether the two-year home residency requirement applies to you, after having reviewed the eligibility information on the Department of State website, you can request the Department of State's Waiver Review Division to conduct an Advisory Opinion. Advisory Opinion from the U.S. Department of State See our J-1 extension guidelines for more information. Mon, Wed, Thurs, Fri 9:00a.m. 1350 Massachusetts Avenue Example: Yes, I would like to receive emails from Maggio Kattar Immigration Law. The exchange of ideas fully occurs when the exchange visitor returns to his or her country of nationality or last residence to share knowledge and experience gained in the United States. Because the two years of physical presence is in the aggregate, you do not have to reside in your country of nationality or legal permanent residence in a single, continuous two-year period. Home / Immigration / J-1 Students / 212(e) Two Year Home Residency Requirement. A statement from the exchange visitor’s home country, or last permanent residence at the time of the J program, indicating it does not object to the exchange visitor’s receipt of a waiver of the two-year foreign residence requirement (foreign medical graduates are not eligible for a waiver on this basis); Exceptional hardship to a U.S. citizen or permanent resident spouse or child would result from the exchange visitor’s compliance with the home residence requirement; A recommendation from an Interested Government Agency (IGA); Sponsorship by a state health department or its equivalent; or. Indeed, USCIS may make a finding of exceptional hardship, or an IGA may agree the exchange visitor’s continued and uninterrupted work serves significant public interests, only for the waiver application to be overturned by the DOS due to the exchange visitor’s receipt of government funding. Waivers are granted only in certain circumstances. J-1 visa holders who are graduates of foreign medical schools participating in internships, residencies, or clinical training programs in the United States sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) are subject to the requirement. There are three ways to be subject to the requirement: At the time that a J-1 visa is issued, the consular officer makes a preliminary determination about whether or not the exchange visitor is subject to the two-year home country physical presence requirement. For more information, go to the State Department's Waiver Review web site to learn more about how to apply for a 212(e) waiver. J-1 visa holders who are funded by the United States Government, their own governments, or international organizations during part or all of their stay in the United States are subject to the requirement. Citizenship and Immigration Services may request an advisory opinion letter from DOS before approving an application for adjustment of status, or if pursuing consular processing, the National Visa Center may make a finding that the foreign residence requirement applies. © 2020 Maggio Kattar. The exchange visitor program was funded in full or in part, directly or indirectly, by the U.S. government, or the government of the exchange visitor’s country of nationality/last residence; At the time of obtaining exchange visitor status, the field of training or expertise, as specified on the IAP-66 or DS-2019 Forms, is included on the Exchange Visitors Skills List maintained by U.S. Department of State (DOS), which includes skills in short supply in the exchange visitor’s country of nationality/last residence (if the skill is subsequently removed from the Skills List, the exchange visitor is no longer subject to the two year rule on this basis); The exchange visitor came to the U.S. for graduate medical education or training. A self-addressed, stamped envelope Send your documents to: INA 212(e) Advisory Opinion Request Waiver Review Division, CA/VO… Not all J-1 status holders are subject to this requirement. The requirement applies to those individuals in one of the following situations: J-1 visa holders should check both their Forms DS-2019 and J-1 visas to see if they are subject to the two year home residence requirement, 212(e). The application is made by mail and typically takes four to six weeks to receive a response. - 3:00p.m. F: (617) 495-4088 www.mehranilaw.com. My visa sponsor recommended I should get an advisory opinion to clarify whether I am indeed subject. 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. J-1 exchange visitors are subject to the two year home residence requirement, commonly referred to as the “two-year rule,” if: Often, exchange visitors will want to request an Advisory Opinion from DOS to confirm whether the home residence requirement applies, as IAP-66/DS-2019 Forms and J-1 visa stamps can contain conflicting information and U.S. Once applicable, the two year rule compels the exchange visitor to return to his or her country of nationality or last residence for two years or obtain a waiver of this ground of inadmissibility. Please note: Before requesting an Advisory Opinion or applying for a Waiver, J-1 visa holders are encouraged to contact their HIO advisors. The intention of the J-1 program is to facilitate cultural and academic idea exchange in an array of disciplines ranging from au pairs, students, interns and trainees, physicians, researchers, and scholars. 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. For example, if you were a J-1 student subject to the requirement, but then left and immediately returned to the US using another type of visa (such as an F-1 student visa), the requirement would still apply to you even after completion of your F-1 program. The J-1 visa page of your passport 4. The Supplementary Applicant Information Page 5. While your J-1 visa and Form DS-2019 may contain a preliminary determination that you are subject to the requirement, you may want to request an Advisory Opinion (AO) from the US State Department. You will be subject to this requirement if any of the following apply: 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. Careful research should be conducted to determine whether an exchange visitor is subject to this two-year foreign residence requirement because the rule does not apply to all J-1 exchange programs.

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