J1 visa- 2 yr home residence requirement

Hi Everyone,

I have recently been offered a postdoctoral position at UCLA. I have a few queries regarding the J1 visa paper work. Anyone who has gone through this, kindly help.

1. How to determine the answer to the question :

Are you subjected to the 2-year home residence requirement Section 212(e)?

I tried searching on the net, and there are 3 conditions by which one is subjected to it:

- Graduate medical education/training ; which i am not coming for.

- If I am being supported by Government funding ;This is am trying to find out.

-Studying or researching in a field of study which is considered to be scarce in the visitor’s home country will subject the Exchange Visitor to the Two-Year Home Residence Requirement ;

But after having gone through the list , I dont see "Medical research" as a skill listed under my country's skill's list.

Thus it seems that i am not subjected to the requirement because of this clause.

Is there any other way by which one should try and find out the answer? Can i contact someone to seek this information? Or it doesnt matter what you write, it will be determined by the consulate whether you are subjected to the requirement or not.?

Since i am supposed to sign this document , thus i want to be sure that i am answering the right thing plus if i am subject to this requirement , i will later have to go through the waiver process and all.

I would really appreciate if someone who has gone through this could help.

Thanks a lot

anonymous's picture

Hi All,

Currently i am working in London on Work Permit. Am i eligible to get J1 Visa? as i am not in my home country ( India)?? Please suggest..

Shekhar Upadhyay's picture

Dear firends,
I have just submitted my PhD thesis in India and applied for a postdoctoral position at Uni of Pennsylvania. My employer (Associate Professor)is interested in offering me a post doctoral position, however according to University rules I cannot join on the offered position unless I get a PhD degree from my university. It will take still 5-6 months before I defend my thesis and get a degree.
However My employer can offer me a technical assistant position for which PhD degree is not mandatory. I will be getting J1 visa for this job.However I want to join in the rank of Post dock as soon as I get my degree. For this I need to change my Job status but with the same employer. Is it possible I can utilize my old J1 visa for this new job but with the same employer? Do I need to get fresh J1 if I join the new post but with the same employer.
I have option to go on F2 visa status also as my is joining a graduate program at US this fall.Is it possible I can stay on F2 unless my degree is not awarded and change it to J1 later?

Please spare some time and advice me the best.

Thanks
shekhar

anonymous's picture

how to proceed to status change after 2 year home requirement.. after J1
Hi All,
First of all I would like to wish you all good luck in your visa issues.
I am subject to 2-yr home country requirement being after being on J1. I am currently in my home country.
How will I proceed to apply for job and change of status after 2 years of being at home.
What do I need to provide? and what do I have to do?
Please guide me..
thanks

Raju Anna's picture

Hi, i came to US in April 08, will be quitting my job soon, my visa (J-1) is valid for 2 years. how long can i stay after i resign. 1 month or 2 months. I have problem with boss, i have to quit on 10th Feb 09 and will be going back to my country on 13th March 09. should i have to stay till 14th Feb and then resign, (it is not a working day). can i resign without going to office, by email. i mean, i will go to office till 10th Feb, then send a resignation after 3 working days say by 16th Feb. is that ok for me. or is in necessary that i come to office till 14th Feb. please help. i dont want to see my boss again, as he trouble me a lot. it is more than enough, unfortuantely i cant leave US before as i have some conference which i need to attend. so please advice

Raju.........

Ganesh's picture

hiii im ganesh just came from florida on J1-visa ...i just wann know that the rule which i got for 2 years rulw does apply....is for only J1 visa...or is applicable for all visa....means im not suppose to go on any visa or for just it is applicable for J1 visa.....means i can allow to go on stydy,tourist,bussiness.....any kind of visa or not.pls intimate me...

Swagata's picture

I am J1 Visa holder and signed as a Tax Treaty.
I came on 15th Nov' 2006. I am going to resign on 13th Nov 2008.
Can I stay one more week ( I have valid Visa) without any problem with Tax Treaty.

nirmal's picture

I am on J2 visa and my wife is on J1. Recently I got a job in US for doing post doc. My employer will offer me H1 visa. Is it possible for me to change visa from J2 to H1 after going back home from american embassy. Let me know your suggestion.

solomon raju b s's picture

Hi
I am holding a valid J-1 Visa and two year rule does apply. I worked for 9 months in one university and I got my DS-2019 trasferred to another university while I was in US. I returned to India due to a medical emergency in the family and stayed back. My new DS-2019 was cancelled. Now, after 9 months of returning back to India I got a new offer, but am told that I have to stay back in india to complete two year requirement. Kindly help me

arvind akashi's picture

I am from India(home country) and currently studying for Masters in International Relations & Diplomacy in London from Sept.2006.My expected graduation date is Dec 2007.I have finished my courses and now have to write a thesis and do an internship.I am on a student visa which expires in April 2008.

I have been accepted into Professional Postgraduate Development Program(Internship) by The Washington Centre for Internships and Academic Seminars,USA starting from 29th Aug this year..The said program is of 15 weeks.The centre will be sending me pre arrival package(DS-2019) and then I have to apply for J1 Visa.

My question is whether I can apply for J1 Visa from London or I have to go back to India and apply from there.My acceptance letter has been dispatched on my London home address..My family is in India(wife and 8 yrs son) and they want to join me to US...Should they come to London as a dependent or can they apply from Mumbai for J2 Visa?

I will really appreciate the response...Thanks,
Arvind Akashi

Alla's picture

I am subjected to the 2-year home residence requirement (HRR) rule as well, since I was an exchange student 7 years ago through the program sponsored by the U.S. government. Immediately, after my high school exchange I received F-1 and completed a degree in International Business followed by MBA. I would like to apply for H-1 and eventually for a green card. However, I still have 4.5 months of HRR left.
What are my chances of getting a "no objection" waiver if my exchange program was sponsored by the U.S. government and I have that little time to fulfil left? Thank you so much!

Manish's picture

Hi I am here in Los Angeles on J-1 for 1 year with my wife on J-2 till Oct 2007. However I will be extending my programme for 1 more year and will be getting my new Ds-2019 soon with the new dates till Oct 2008. My worry is - my Visa ends in Oct 2007 and my new DS form will be valid till Oct 2008. Do I need to apply for an extension of Visa? or just a Valid DS 2019 till Oct'2008 is enough to stay in USA. If Visa is to be extended where shall I apply in US to extend my VISA?

Anonymous's picture

yes boss i had similar situation, you can go to canadian embassy to get visa extended

Anonymous's picture

Please, help

I am on J1 visa with two years residency requirment. I returned to my country after completeing the program for 2.5 months and then back to states. not I have been here for 2 years already and have been outside my country for 7 weeks. Can my stay be counted towards 2 years residency requirement or should I have to stay in my home country continuously for two years?

Thanks in advance

norrica's picture

i have a j1 and it is for five years the two year dosnot appild but i want to know fi i
can come to the us

Anonymous's picture

Dear All,
As a family, we are badly in need of information. Any help would be much appreciated. I am on J1 visa and I am subject to 2 year home-residency rule. But my husband (on J2 visa) found a job in US and they are willing to apply to H1B visa for him. We are not sure how our home-residency rule will affect him. Our home government said that they may send no objection letter. Do we need it? Can my husband change his visa status from J2 to H1B without this letter? Thank you for your time and interest.

Bhanu's picture

I wish to know how long you have been in US. Typically J1 visa holders can stay upto 5 years in USA.

(I am entering 4th year as a J2 and have our DS-2019 for 2 more years-My wife is J1 reasearcher. I preferred to be on J2 since I have an EAD and do not have to depend on some one for my Employment. I am working since long and have my EAD for 2 more years.)

Assuming that your husband is already in US you must obtain a Waiver from three points. The first one is from the state Govt and another from Central Govt and another from Passport offices where you received your passport. Remember all this is required for you and not your husband. (we have recently applied for Waiver from Dept of State. Couple of our freinds have already received waivers and even green card as well.

So my suggestion is that your husband can take up work without any problems until you get your waivers. There is no hurry. If he has not obtained EAD(work permit) you can take help of your foreign student services from your university.

In case you need any further info please feel free to mail me directly (bpogula at hotmail dot com).

Thanks
Bhanu

kumar's picture

hi. i am actually on the same anvil. i know for one thing that a waiver(noc) is required for the status to be changed.
need your help on the question that since ur spouse is on j2, is he allowed to apply for the waiver independently of j1 (that is you in this case)please help with this one. and if you could guide me through the process.thanks.

Aps's picture

Hi,
I can tell you that a J2 cannot apply for a waiver independently.

Hope this helps.

Anonymous's picture

Usually, if your country's government is funding your overseas postdoctoral training, you will be subject to the 2 year home residence rule. If you already have your visa stamp in your passport, it will also say whether this rule applies to you.

ajay's picture

If you were asking for an official to contact, try one of these people: http://www.intl.ucla.edu/employees.html

Numquam ponenda est pluralitas sine necessitate.

"I refuse to believe that everybody refuses to believe the truth" - Lisa Simpson

Anonymous's picture

Hi,

I went through it, bc I got funding from my own country's government (indirectly from a grant that originated from government money). However, it was kind of confusing, since at first, I got a J-1 visa were the 2-year thing was vaived (it stated that it did NOT apply), then later (I had to renew it for the 3rd year), it was changed to that it DID apply. I then had to apply for a visa waiver, since I wanted to stay longer and go for a H-1B visa. I got the visa waiver approved, but it made the process MUCH longer and more complicated. The confusion was around the source of the money, since it was a post.doc grant indirectly from the government.

Anyway, find out where the money is from, and then somone should be able to answer the question for you, BUT bear in mind that they can be wrong the first time, and change it, as they did for me.
Good luck.
I think it depends on what country you come from how badly they want you to come home....

Alex's picture

Lifeline wrote:

> Thus it seems that i am not subjected to the requirement because of this clause.

False. You are subject if any of the clauses apply.

In my experience as a J-1, if you are funded by your government or Fullbright type agencies you are most likely subject to the 2 years rule. This is in accordance with the goal to train you overseas and bring you back to share what you have learned. Applying for a J-1 though does not necessarily imply the 2 years rule, as I have seen with others, which makes easier to obtain a waiver later on. I even have seen government funded folks not subject to 212(e). So, this is far from being exact science. Asking your USA consular agency the right questions will probably be the smartest thing to do to find out about your fate with INS.

If you already know you want to stay overseas after your program I suggest you try to obtain a F-1. Tell UCLA you want a F-1. If your sponsor insists in a J-1, you are out of luck. I am not sure you can get J-1 wihtout 212(e) in this case. Even if you change to another Visa category once you are in the country, you are still bound to the J-1 rules. Marriage to a native will not save you from this Karma. But a job offer letter, a lawyer (which will cost you around US$ 6000), and good recommendation letters will probably let you live the American dream in a O-1 Visa status for some extra 4 years. If you are UCLA sponsored and required to be a J-1, your chances to get a waiver later on are not that bad - unless your government plays mean and does not issue you the "no objection letter".

spring's picture

If any of you have any knowledge about this, please help.
I was on J1 in USA for 4 years. Returned to India due to personal reasons. I am planning to go back to USA to complete my training for another year. Will I be given a new J1 with extra 2 years home rule or will I be given continuation of my previous J1?
Do you think I should ask this during my interview?
Please reply.
Many thanks

Salwa's picture

I am going through the same thig. You can determine if you are subjected to this condition by checking your visa in your passport. If you are subjected, it will be clearly written on you are visa