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TWO YEAR FOREIGN
RESIDENCE REQUIREMENT, 212(e)
J-1
Exchange Visitors and accompanying J-2 dependents may be subject to a
two year foreign 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). The intent of the Exchange Visitor program is to allow you to
complete your program objective and have you return to your home country so
that you and your country can benefit from your experience in the U.S.
You may
be subject to the two year foreign residence requirement if:
-
you
have received government funding, in whole or in part, directly or
indirectly, for the purpose of exchange, from your home government or the
U.S. government;
-
you
work in a field that appears on the
Exchange Visitor Skills List (a long
list of areas and fields identified by foreign governments as having a short
supply of workers in that country);
-
you
participated in a graduate medical education or training program sponsored
by the Educational Commission of Foreign Medical Graduates-
ECFMG;
-
you
are the J-2 dependent of an Exchange Visitor who is subject to the
requirement.
If you
are subject to the requirement then, until you have "resided and been
physically present" for a total of two years in either your country of
nationality or your country of legal permanent residence, you are not
eligible for:
-
an
H (temporary worker and dependents), L (intracompany transferee
and dependents) or an immigrant (permanent resident, green card) visa
or status
-
a
change of status inside the U.S. to any other nonimmigrant classification
except A (diplomats and dependents) or G (representatives to international
organizations and dependents)
Evidence of whether or not you are subject to the two year foreign residence
requirement may usually be found:
-
on
the J-1 visa stamp page in your passport. It may bear the phrase: "Bearer
is/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."
If a
consular officer or immigration inspector made an indication in either or both
of these places, the indication is usually accurate. However, the
determining factors are as stated above, regardless of the markings made on
either the visa stamp or the DS-2019. If you have any questions about whether
or not you are subject to the two year foreign residence requirement make an
appointment to see Mary Idzior (idzior@princeton.edu),
Director, Visa Services, 120 Alexander Street, 258-1450. If information is
inconsistent or inconclusive, an advisory opinion may be sought from the
Department of State.
Waivers of the
Two Year Foreign Residence Requirement
You may be able to obtain a waiver of
the two year foreign residence requirement. Information about obtaining a
waiver of the two year foreign residence requirement may be found at the U.S.
Department of State's
website.
In general, a waiver may be pursued on
four grounds:
1.
A "statement of no objection" from your home country. Your country's
consulate in New York City or your embassy in Washington, D.C. can advise
you on the procedures required to obtain such a statement. The
statement must be transmitted through official channels from your government
to the U.S. Department of State. The Department of State then makes a
recommendation to the US Citizenship and Immigration Services (CIS) as to
whether or not the waiver should be granted. USCIS grants the final waiver.
A STATEMENT OF NO OBJECTION IS NOT A GROUND FOR A WAIVER FOR A J-1 IN THE
U.S. UNDER ECFMG VISA SPONSORSHIP.
2.
The interest of a U.S. government agency. If your participation in research
or a project sponsored by a U.S. government agency is of sufficient
importance to that government agency, the agency can apply to the U.S.
Department of State for a waiver for you. Many agencies have formal
application procedures that require extensive documentation. The Department
of State then makes a recommendation to the U.S. Citizenship and Immigration
Services (USCIS) as to whether or not the waiver should be granted. USCIS
grants the final waiver.
3.
Fear of persecution. If you can demonstrate because of your race, religion,
political opinion or nationality, you would face persecution if you went
back to your country, you might qualify for a waiver. You would apply to
USCIS on Form I-612, Application for Waiver of the Foreign Residence
Requirement of Section 212 (e) of the Immigration and Nationality Act.
4.
Exceptional hardship to a U.S. citizen or permanent resident spouse or
child. You would apply to the USCIS on Form I-612. Ordinarily this
requires a situation of documented extreme hardship (i.e., medical reasons
why your spouse or child cannot leave the U.S. and return to your country
with you).
All
applications for a waiver of the two year foreign residence requirement are
initiated by the submission of a Data Sheet and a fee of $230 to the U.S.
Department of State. Estimated processing times for a waiver vary from 3 to 4
months at the Department of State. Additional time must be allocated for
processing with home country governments and the U.S. Citizenship and
Immigration Services (USCIS). Processing of a waiver of the two year foreign
residence requirement can be a complicated and time-consuming action. Most
importantly, the initiation of the waiver process may also jeopardize your
ability to maintain or extend your current J-1 visa status.
This is
a preliminary information sheet only. If you are interested in pursuing a
waiver, you may wish to seek the advice of an immigration attorney.
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