The J-1 Two-Year Home Residency Rule: Be Proactive or Your Future Plans May Be Ruined
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- เผยแพร่เมื่อ 1 ต.ค. 2024
- WHO WE ARE: Serratelli Mijal PLLC / Immigration Art
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ABOUT THIS VIDEO:
What is a J-1 Visa? Why is there a J-1 Program? And, why is there a "2 Year Home Residency Requirement" that forces the J-1 visa holder to return home for 2 years at the conclusion of the J-1? How does "Government Funding" of the J-1 Program make a difference in what is required of the J-1 visa holder? What is the "Skills List" and how does it make a difference in what a J-1 visa holder needs to do? And why, exactly, does almost every J-1 visa holder seem surprised buy this "2 year rule?"
To get the answer to these questions, and more, check out this video. Be an informed consumer! DO NOT simply "jump" into a J-1 Program without first doing some homework!
I wish I have seen this video before accepting the Fulbright grant. It's a prestigious award but it's a real trap. I am stuck here on F1 and can't apply for GC TO stay with my American husband and daughter 🤦🏻♀️
What have you done now?!
Can u please tell me one thing,
My visa is a J1 non subject to 212
But I returned back to India 3 months before expiration as my sponsor told me to get back to India because I was terminated from my property. And when I reached back to India the immigration officer said that I can still go back to the US with the same visa, is that true?
If I had watched this video before 😢 now it's a nightmare, I really need help please
hello did u go back to usa
What happened?
do I have to stay exactly in my home country for 2 years can't I just go to a different country and spend there 2 years and come back to USA???
Did you find the answer? It would help me a lot!
hi, are you a lawyer? I would like to know if Canadians are subject to the 2 year rule. What happens if my passport doesn't say anything about the 2 year rule? Does that mean I can stay? My country Canada doesn't even appear in the skills list. What do I do?
You have a delightfully engaging teaching style! Thanks for the information.
I had a J-1 visa back in the day when I went to Stamford High, but I was never subject to 212E. I even got me a Social Security number while I was in high school.
How was that possible? Plz guide
How long in advance should a J1 visa sponsored teacher apply for a waiver before the 2 year rule starts?
Hi Art, how do you do? Thanks for the honest and real information . Quick question, I am selected as a finalist for an exchange program funded by the U.S department of state. The program includes doing unpaid internship at a US Civil society organization (NGO) for 3 month. My participation in the program depends on getting a J1 Visa from the US consulate in Addis Ababa, Ethiopia. I hear you giving warnings on the J1 visa. I need your help with deciding on this. Also how I can get a waiver . Thanks in advance.
Global ugrad program?
Your video is excellent, you are really good.
I have a question regarding the j1 visa. I am from Pakistan I have done master's from USA on funding from Fullbright USA. i have signed a bond to return to my home country after my master's completion. now I am in Pakistan for the last 6 months. I got a job offer from a country in Europe. can I go to Europe without spending 2 years in Pakistan? is j1 vis 2-year requirement only for usa visas or other countries' visas also?
I'm seeing this video too late, I already have the 2year-rule. I wish I have seen these video before. Too good for being truth.
are u back to us
What is about J2?
I need your help. I will be joining Medical College of Georgia as Postdoc Scientist and my joining date is 1st September 2018 (J-1 Specialist). I got no objection certificate from my country (India). I have been asked to get either a J-1 waiver or an advisory opinion (stating that I am not subjected to 2-year rule) within my first 3 months working in the USA (MCG), otherwise, an H1B will not be possible. In my current DS-2019, it is clearly indicated that I am subjected to 2-year rule. Can I apply for my J-1 waiver now or I have to wait for a few months?
Thank you, that was very informative. You have a great and simple way to explain complicated matters. I am a physician on J-1, I might be interested in your expertize.
Did you get to live in the US?
I am looking into the J-1 for being a summer camp counselor. Will this program be subject to the 2 year rule?
Casey Campbell these summer work / travel programs are normally not subject to the two year rule. BUT, be sure to ask your J-1 agency -- double check with the agency!
Sir i just want to ask how to get a waiver for J1 visa.My daughter is a sped teacher in nevada and w/ a 3 years contract as a sped teacher.
Currently she is already working there for almost 2 years.What do you think is the best way to change her status from J1 to H1.Do she really need to go back in her home town Philippines
Hi .. hope you are good.. i have a question.. what if my j1 visa waiver application is pendin for decision.. and my ds 2019 expires? Do i need to leave usa? Or i can stay till i receive my waiver application decision
I went in 2020 with a j1, it is wrote that im subject to 212 aaand i already have the contrat signed with a farmer to come back as a h2a. Rn i have an interview at chile to go to colorado and idk if they will deny or i can be a waver"..?
Hello Mr. Arthur, Merry Christmas. If I come to the USA on a J1 visa, and work in Mcdonald's, at 7/11, hotel room janitor, as a cashier, or any nonspecialized job, will those jobs be subjected to the 2 year home requirement?
Very helpful! This is what I needed right now. Thank you very much.
Forget about the skills list and the government funding part as it dosent really matter. The fact is you have to stay out of the USA for a total of 2 years before your allowed to re enter on a J1 visa. I have done this program twice and there is no way around this. It dosent matter what country your from, the home residency rule is actually different from the J1 rule of 2 years. Yes you can go on another visa but you have to wait 2 years to get another J1 Visa. I hope this helps :)
obviously u havent because there is a exemption to the 2year rule.
Again there's 2 different rules. Yes you can get an exemption to the 2 year home stay rule depending on your country, but not a 2 year exemption for the j1 program. To do the j1 program again, you have to wait 2 years and there is no way around this. I haver worked around in the world in many different companies so i am very educated in this matter!
well they dont have to do the J1 again because especially for those who come in as post docs and phds and exchange scholars, J1 provides enough time and money to file n complete the green card process under the EB1 scheme. My point is the good intent can and is certainly abused and more so by those exchange scholars who are not all that accomplished. I do not have a problem with visas but i do think that everyone should have to return to their home country and file a new visa application every single time so people dont use one visa to get in and use that to apply for another.
Tomahawk1999 There are 5 EXEMPTIONS FROM THE TWO YEAR RULE. Never accept defeat until you have first tried to win.
Tomahawk1999 Again, I'm with Tomahawk1999 on this one. If a person had a J-1 one time and gets stuck with a two year rule, my advice: learn your lesson and NEVER get another stinkin' J-1 ever again. There are many many many many other visas besides the antiquated J-1
Hey Artie. I stumbled on this vid. Just some background, I went over "completely clueless" for particular reasons, to a former Russian Satellite country back in the early 90's when things were still a bit "rogue". I got a job, nothing involving any glitz, nor glam to say the least. Now, it is just like the rest of the EU. Even back then ( I was in my early 20's), uneducated on these topics, I always knew in the back of my head that my stay was, and would never be, permanent. Excuse me if I am mistaken, but this is basic common sense. I am somewhat confused here because after reading through the J-1 Visa Basics, it sort of outlines the fact that you are "not permanent". You are 150% correct in stating that the law & layout surrounding this are archaic...and oh, by the way, this archaic law keeps you employed and collecting big dead presidents on it....even if it is a .org Not having a law degree here, and reading a bit through it, there are a TON of loopholes that are left open for those who really have "the american fever"...why, I don't know? Believe me, it won't be easy....but the mere vagueness is insurnominable & with some decent advocacy, hell...one can ride a potential tidal wave if desired. As an American myself, getting mid-level work in Europe is as likely as an immaculate conception.....and the rigidity there is 180% worse (forget the Student Visas for Americans..they are just for dumb rich kids getting "cultured" and the intent of staying, never even entered their minds). Here is my take on this....I do NOT, whatsoever, feel any sorrow, nor empathy, towards any clown who comes here on a Visa, of any sort, and thinks they are going to stay. I will state a "blanket comment", most foreigners think Americans lack common sense & to a degree, it is true. Now, let's turn the tables.....any knucklehead coming here on any sort of visa, with the belief that it is open-ended, is a moron to begin with. If it were that way, 45% of Latin America would be deserted...correct? Side note: I have NO objections to immigration, we are built as a country on this from day one. After going through the website you gave, I think it is just a mere "dummy filter". It makes it quite easy to get a visa and work here...hell, there are even Employers, phone #'s, e-mail addresses, etc for one to apply for work. Geez.....I wish every country would do this. Back to the point..this is set up for any "dummy" to get a visa. I could legally "import" people based on the "loose" criteria that is outlined. The big boot in the ass is, "Do you (on a visa), actually think?" No country wants more clueless people....we have quite the surplus here in the USA. The ones who follow the rules, go back, and still have the US itch that needs to be scratched, can most likely return much easier, if the rules are followed. Believe me, the rules in other countries are WAYYYY more taxing than ours. All I can say is, this is a cornucopia of sorts...kind of like a Swiss bank account. Thank you for posting and Happy 4th of July.
So what about I-612 hardship. Are you saying it never gets accepted?
My wife is from Iran and I have a child from another marriage who can’t go to Iran. That would be a hardship for me!
Hi, is't any chance to get persecution waiver( I'm a journalist, and my government persecuting me for my publications) .on Fulbright? Or after one year in the USA, I should apply for an asylum? Thanks.
Do you some one that work wuth that? i want to do it
Hello sir, thank you very much for this great video. Is it possible to participate to dvlottery before the 2-years home residency condition ended?
Thank you for the info! so what you're saying there is no way around this even if you were a fulbright on J1 (my case) in 2009 and currently on f1 to finish a phd program, got married to us citizen and wife is pregnant and works in education, filed for no objection waiver and didn't go through!! this is torture and I don't know what to do. Why does my life have to be ruined because of that!
Please copy and paste you inquiry above and send it by email to: immigration.art@gmail.com
We check email constantly. Social media, less so
I'm currently signing up for it. How do I change the status to a O1 visa or F1?
What if my country doesn't have a list? I've turned down being a camp councillor in the past due to the 2 year back in the uk after rule.
i have j 1 cultural exchange visa can i visit my brother in Canada after completing my training on this visa or i required visit visa ?
I have received a J-1 visa to work in the US for the summer and am subject to the two year rule. Is it only subject to the US? can I travel to Canada if i want to?
So i went on a j1 and recently had a job on a cruiship so i have a c1/d visa but didnt finish the contract so im nearly on my 2 year stay but i went to the us for a week is it posible to get a 2nd j1 visa?
Hey Art, you're videos are really informative. Would it be possible for you to give us some updated details about the J1 trainee visa? Or if you've already made a video on this, can you please point me in the direction?? Thank you!!
Is there a video
How to answer the Consul on US embassy interview ?
I got denied in my first try
But I'll try again.
Thanks for this video! Can you tell me if I can come back with a G visa (working at the World Bank) before I stayed 2 years in my home country?
This is important and very help sir
Thank you
What if the country I´m from is not on the "Skill´s list" (Spain)? Or at least I could not find it...
I have that same question, Canada isn't there. What did you find out?
i'm studying university outside my country. and i have got non immigrant visa the country i ' m studying...... can i apply this J1 visa while i'm living this country.@Arthur Serratelli
What country are you in now? To which country do you want to move next? I am not clear about the question. Email me the answers at immigration.art@gmail.com
What if the fullbright is for professional teachers for six weeks with only stipend financing?
Teaching Excellence ?
Guys the reality is u need to date and marry ppl quickly
Q what about if some on research scholarship funded by his government then started residency and want to apply for waiver Job in underserved area does he needs a letter of no objection
letter of no objection not required. The MUA / HPSA rules for doctors on J-1 are slightly different . . . Check out the "Conrad 30" program, or the VA HOSPITAL system, the special H-1B that you can get, and the NIW EB-2 Green card that you become eligible for. Questions? Email me at immigration.art@gmail.com
Is it possible from J1 visa I would like to get an immigrant visa?
May I travel with b2 Visa after the two years that the j1 allows me?
Hey , plz would you answer my question . Can a j1 holder tranfere to h1b visa ? And what is the procedures to do that ?
No. The video say that.
Is the two year rule a one time thing
The 2 year rule its for the Aupair too."..? Thanks
Hi! thank you for this video. I have a question that maybe you could answer. I was studying In the USA under a j1 visa with the 2 years rule. I came to my home country a year ago. I would like to know if Im still able to apply to a non objection waiver even though I only have a year left in my home country. I was offered a very good position on a company in the USA, but because I have this condition I'm not able to accepted it :(. Thanks.
Hi Patricia. I saw your question and did not see an answer. However, I have the same situation. I had J-1 visa. Married a US citizen and applied for the Green Card. I am in the process of it, but I am afraid if the J-1 two year home rule will de a problem. What did you do? Did you request a waiver after living for a year in your home country? If so, did you get the No Objection Statement? What was your story? Thank you in advance.
Astrit Tafolli Hi, what process or documents did you have to fill in? I just got married last week and my husband has a J-1 visa. how did you apply for the green card? Do you just fill in the form I-485 and send it by mail to them? what's the next step after that?
@@astrittafolli Good afternoon!
I'm carlos Mesa, i got a J1 tranee and I will go to US on June 03 until on April 04, so my question is I have a girlfriend there and I would like to get marry, how I can do it, without come back to Dominican Republic, I apresiate your help.
Did any of you get the 2-year rule waiver?
Arthur i really like your video!
I'm doing an accounting trainee in a private company and in my J1 Visa said that i dont subject to the 2 years rule. Anyway should i send an Advisory Opinion??
Great!
If you are a J-1 trainee, send me a scan of your DS-2019 and a scan of your J-1 visa. then, we can talk free-of-charge to double-check that your J-1 is not subject to the 2 year rule. My email is immigration.art@gmail.com or art@smimmigrationlaw.com
+Alejandra Billoni you are great too!
Thank you so much for the informative video! Is there really no way to stay after receiving a fulbright scholarship? :( What if my spouse gets a job in the U.S while we are there and I'm doing my graduate program? Would I be elegible for an H2B?
Holaa...quisiera saber lo mismo ya que estoy aplicando a las Fullbright. Que tal tu experiencia con inmigracion?
Sound of Victory I’m in the Fulbright scholarship. Could you please tell me how it went with you?
Hey Do you get the H2b visa o you had to wait ?
@@AfricanHope can I know what happened to you now? I am about to study as a fulbrighter, and I am lookin to waive the 2 year requirement
I like your video thanku sir.
Man, you rock !
Very Informative, Very Good
can my spouse get an SSN as a J2 holder?
Ilke Tunali yes. Ask the J- advisor at your institution how to do this.
Well done!
Thank you!
Thank you so much for yours information.
You are welcome!
If you have any question about anything, the BEST way to start a conversation with me is via email at immigration.art@gmail.com-- either I or our law Group managing Attorney, Mara Mijal, will reply ---AND, if we think it would be easier to talk about your situation by phone, I'll use email to schedule a phone or Skype call with you.
Art
great video
Michael Plummer thanks!
If you have any questions about anything related to the J-1 or immigration in general, always feel free to email us at: immigration.art@gmail.com
cool
very informative and useful!
Thanks! Feel free to contact us with any questions: immigration.art @ gmail.com
Good afternoon!
I'm carlos Mesa, i got a J1 tranee and I will go to US on June 03 until on April 04, so my question is I have a girlfriend there and I would like to get marry, how I can do it, without come back to Dominican Republic, I apresiate your help.
Thank you sir
I have a question
If I'm married to a us citizen for 1 year and ten nine months
And then I apply for a green card and u know the process takes more than 4 months and by the time I get the green card I'm gonna be Married for more than two years
am I gonna get conditional or unconditional green card
Wow great
blow lew Thank you!
:D
If you have any questions about this kooky J-1 category please contact me . . . or if you'd like more info, email me at immigration.art@gmail.com
Either I'm missing something or this is just great. Are you saying that I can stay in the US forever if I get a J1 visa?