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Who is subject to 212e?
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).
What is not subject to INA 212?
INA 212(e) does not affect eligibility for other visa classes such as a B tourist, an F student, or an O outstanding scholar.
How do I waive my 2 year resident residency?
Might You Qualify for Waiver of Two-Year Home-Residence Requirement?
- No objection from your home government.
- Request by an interested U.S government agency.
- Fear of persecution in your home country.
- Exceptional hardship to your U.S. citizen or permanent resident spouse or child.
What does 2 year rule does not apply mean?
However, it does mean that you can’t do any of the following until you have returned to your home country for at least two years: You can’t change your status to a nonimmigrant temporary worker (H) or receive an H visa. You can’t change your status to a nonimmigrant intracompany transferee (L) or receive an L visa.
Can I get F-1 visa after J-1?
Yes, just like your friend, you should be able to return to your home country and apply for an F-1 visa to return to the U.S. The home residence requirement under the J-1 only prohibits receipt of an H or L visa and the acquisition of permanent…
Can J-1 visa holder get married?
Getting married on a J-1 Visa is not impossible, you just need to have your J-1 waiver ahead of time before the process can start. After you have received approval for your waiver, your marriage-based green card application can begin.
Can you marry on a J1 visa?
Can J1 visa change to H1B?
How to transfer your J1 Visa to an H1B Visa. To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.
Does U visa forgive permanent bar?
The permanent bar based on unlawful presence can be waived, as well as the two-year home country residency requirement for certain J-1 visa holders.
Can I get married on J-1?
A J-1 Visa holder marrying a U.S. citizen is not uncommon, but you will need to prove your bona fide marriage to United States Citizenship and Immigration Services (USCIS). One of the main reasons why you may need to change your J-1 status is to marry a United States citizen or permanent resident.
Can I enter US after 10-year ban?
This 10-year bar is required regardless of whether you have an immediate relative who is a United States citizen. Once 10 years have passed since your date of last departure you may file Form I-212 to seek consent to reapply for admission to the United States.
What is 212 E for J-1 students?
Section 212 (e): The Two Year Home Residency Requirement Some J-1 Exchange Visitors – including J-1 students and J-1 scholars – may be subject to Section 212 (e) of the Immigration and Nationality Act, also referred to as the two-year home residency requirement or two-year home country physical presence requirement.
What is 212 E 2 year residence requirement?
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).”
What is 212 (E) of the Immigration and Nationality Act?
Certain J-1 Exchange Visitors – including J-1 students and J-1 scholars – may be subject to Section 212 (e) of the Immigration and Nationality Act, also referred to as the two-year home residency requirement or two-year home country physical presence requirement.
What does 212 E mean on H-1B?
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 (as well as L and K visas) until you have satisfied the two year home residency requirement or had the requirement waived.