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Are you subject to the 2 year home residency requirement 212e )?
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). If you cannot return home for two years, you must apply for a waiver.
What does section 212 E mean?
The precise section of the law is the Immigration and Nationality Act, Section 212(e). This means that a person in either J-1 or J-2 (dependent) status subject to 212(e) cannot reenter the United States in H, L, or immigrant (“green card”) status until the two-year requirement has been fulfilled.
What is not subject to INA 212?
On the J-1 visa stamp page in your passport. It may bear the phrase: “Bearer is (or is not) subject to 212(e). Two year rule does/does not apply.” In the section in the lower left hand corner of your DS-2019 form labeled “preliminary endorsement.”
What is a J-1 visa waiver?
A J-1 visa waiver eliminates the two-year home residency requirement and allows a physician to stay in the U.S. to practice in a federally designated primary care or mental health Health Professional Shortage Area (HPSA) if recommended by an interested federal government agency.
What is Form I 612?
I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended) J-1 and J-2 visas holders and their families may use this form to apply for a waiver of the two-year foreign residence requirement.
Can a relative be an au pair?
Host family applicants who join the Au Pair in America program must: adhere to the program’s Host Family Agreement, which specifies that the host family: limit child care to a maximum of 45 hours per week if participating in the standard au pair or Extraordinaire programs; 30 hours per week for the EduCare program.
What is the two-year home residency requirement for a J1 visa?
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,…
Are You subject to Section 212(E) on a J-1 visa?
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. The State Department will review copies of your J-1 requirements and determine if you are, in fact, subject to Section 212 (e).
What is the 212(E) two-year home residence requirement?
Many J-1 Exchange Visitors are subject to the 212 (e) two-year home residence requirement, which requires them to return to their country of last legal permanent residence for two years at the end of their J-1 program. This requirement is commonly referred to as “212 (e).”
How do I return to my country of nationality after J-1 visa?
You would need to document your return to your home country for two years, or obtain a waiver. 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.