J1 visa

[vanyauzunova]

WI
Hi, I would like to know when the rule for 2 years HRR for J1 will not apply. Thank you for any help.

 

[alb3ar]

One would be for physicians willing to practice in underserved areas.

 

[vanyauzunova]

Is it true that the rule applies for almost every J1 holder? How can I make sure that the rule will not apply for me? The rule applies if the applicant receives direct or indirect USG funding. How do I know this, i mean is it possible that my visa sponsor uses US Government funds and I dont know about it. What if I cover all the expenses about the visa and my stay there? I am confused about it, how can i recieve indirect funds and what if i do need it? The visa sponsors, getting the certificate of eligebility from them, does it have any connection with USG funding? I do not want this rule to apply for me, can I do something that it will not apply, does it depend on me and how?Thank you.

 

[alb3ar]

http://uscis.gov/graphics/howdoi/exchvisit.htm

Who is Eligible to Apply for a Waiver?
You may be eligible to apply for a waiver for the foreign residence requirement if:

1. You have a U.S. citizen or lawful permanent resident spouse or child and you can provide evidence that returning to your country would impose exceptional hardship on your spouse or child.

2. You cannot return to your country because you would be subject to persecution because of your race, religion, or political opinion.

3. A U.S. government agency requests a waiver directly from the Bureau of Consular Affairs for you because you are engaged in a project of official interest to the agency.

4. Your country provides a written statement to the director of the Bureau of Consular Affairs stating that your country has no objection to a waiver. (If you came to the United States as an exchange visitor to receive graduate medical education or training, you are ineligible to receive a waiver on this ground.)

5. An interested Federal agency, any State Department of Public Health or its equivalent sponsors you to work full-time for three years as a nonimmigrant H-1B status (temporary worker in specialty occupation) physician in a geographic area designated as having a shortage of health care professionals. Waiver applicants sponsored by the Department of Veterans Affairs are not required to practice medicine in an area designated as having a shortage of health care professionals. If you are granted the waiver, you must agree to begin your employment within 90 days of receiving the waiver. The request of the interested State or Federal agency is submitted to the director of the Bureau of Consular Affairs.

 

[Belle_b]

vanya,

I had two J1s, the first with the requirement, and the second without (4 years home stay in between wiped the first one out). I can speak to getting the one without the requirement, but it was 6 years ago, so please take that into account.

You will not have this requirement if you are (all three conditions necessary) 1) not sponsored directly by the US Government -- my second J1 was sponsored through a university fellowship, and that worked 2) your country should not be on the list of certain countries - you will find the updated list on the Department of State web-site 3) your study should not be in a medical field.

When you get your form, you can call the consulate before applying and ask if the requirement applys to you. When I called (I had F1 and J1 froms to choose from), they asked for a letter-number combination typed in section #2 (Exchange Program Number), and have been able to tell me right away if I would get the restriction or not. When I got my visa stamp, it had 'Not subject to two-year requirement per 212(b)' or something like that printed across.

Hope, that helps.