Can I avoid the two-year home country residence requirement for J visa holders? I have a J Visa issued by the AIESEC.
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There is a limitation on the J-1 Visa that requires the incumbent to fulfill a 2 year home country residence requirement pursuant to Section 212(e) of the Immigration and Nationality Act. However, not all J-1 Visas have this limitation. You must first determine whether the J-1 visa issued by AIESEC has this limitation.
In the event that it does, there are ways of seeking a waiver in the United States based on (a) hardship (b) A recommendation by an Interested Federal Government Agency and (c) on the basis of a No Objection Letter from the individual's home country sent through diplomatic channels.
I recommend that you explore the possibility of entering the U.S. on other visa categories to avoid being subject to the J-1 two-year home country residence requirement.
I am very close to obtaining my EAD. My wife is a doctor and wants to do her residency. She intends to join a Residency program on J-1 Visa. Comments.
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The J visa is accorded to a nonimmigrant, having no intention of abandoning foreign residence. He or she is treated as an exchange visitor and is subject to, in most instances, a two-year "foreign residency" requirement upon completion of his or her designated period of stay in the U.S. For Foreign Medical Graduates, this corresponds with the completion of their residency program. A person subject to the two-year foreign residency requirement is ineligible for an immigrant visa/adjustment of status, change of status. Marriage to an U.S. citizen/Permanent Resident does not absolve the J nonimmigrant from the two-year foreign residence requirement.
Both my wife and I have J-1 visas. However, her J-1 [IAP-66] does not have the § 212(e) home country residence requirement. Why? Does this mean we can change status without having to go back home?
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I have a strong feeling that the notation on the IAP-66 may be an error. Please note that it is not binding on an USCIS inspector or examiner, or consular officer. They could still look at the underlying facts and find your spouse subject to the 2-year requirement.
Can I use a J Visa to Work as a Teacher?
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The J visa would limit you to one-year terms at the most and be restricted to three years. It would also restrict your ability to apply for permanent resident status in the U.S. For case specific analysis, kindly contact the Office for an appointment.
Can I apply for a J-2 Visa with the principal Applicant applying for J-1?
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There is no restriction on when you are allowed to apply for a dependent J-2 Visa. You should contact the Consulate for procedure. The EAD Application should be filed with the USCIS upon entry into the U.S.
Should I accept a Post Doc Position in J-1 Status? What do you recommend?
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If at all possible, steer clear of the J-1 option. Hunt for a job that allows you to maintain your H-1B status and provides for future sponsorship as an Immigrant. The J-1 Visa option, in all likelihood, would result in your being subject to §212(e) - two year home country residence requirement. Seeking a waiver is oftentimes cumbersome and time consuming. More importantly, since the J has a dual intent limitation (cannot intend to be an immigrant while in this status), you would not be eligible for an immigrant petition. Finally, you will be unable to adjust status until you fulfill the two year home country residence requirement.
Are all Js subject to the two year home country residence requirement?
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No, not all J-1 visas are subject to the two year home country residence requirement. The restriction is specifically applied based on a skills list and varies from country to country. You may want to look at Form DS-2019, your visa and I-94 to determine if you are subject to the provisions of §212(e).