Sage-Tips

Are you subject to the 2 year home residency requirement 212e?

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, L or K until they return to their country …

What is Section 212e?

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.

Who is subject to 212e?

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 a no objection waiver?

The “no objection” (waiver) statement is one that confirms that the exchange visitor’s government has no objection to the applicant a) not returning to the home country to satisfy the two – year foreign residency requirement and. b) remaining in the US if he or she chooses to do so.

Can a j2 apply for a waiver?

In cases of death or divorce from the J-1, or when a J-2 child reaches age 21, the J-2 spouse or child may apply for a waiver from the State Department’s Waiver Review Division.

How long is J1 waiver?

The J-1 visa is a non-immigrant exchange visitor visa and is often used by FMGs pursuing a medical residency or fellowship training in the United States. The J-1 visa allows holders to remain in the U.S., normally for up to seven years, until they complete their Graduate Medical Education (GME).

How do I change from J-1 to green card?

J1 to Green Card Process Options

1. Submit your immigrant petition together with your J1 waiver, along with proof that you did not initially have immigrant intent upon obtaining your J1 visa.
2. Submit your J1 waiver first, wait until it is approved, and then submit your immigrant petition.

How long is j1 waiver?

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).

Do you have to return to your home country after J-1?

If this requirement applies to you, you are expected to return to your home country for two years following the end of your J-1 exchange visit, before you would become eligible for certain US immigration benefits. Who is Subject to Section 212e? You are generally subject to this requirement if any one or more of the following apply:

How long do you have to live in the US on J-1?

Two Year Home Country Residence Requirement. J-1 Exchange Visitors and accompanying J-2 dependents may be subject to a two year home country residence requirement. As a J-1 Exchange Visitor you came to the U.S. for a specific objective such as a program of study (student), a research project (research scholar) or to teach (professor).