How to Find Out If Your J1 Visa is Subject to the 212(e) Home Country Rule ?

First Lets quickly revise the types of J1 Visas subject to the 212(e) rule:

a. The J1 candidate exchange program was funded by the United States Government, own country government or an international organization.

b. The education, training, or skill the candiadte is pursuing on the exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for candidates country.

OR

c. The J-1 status was received for graduate medical education or training (Residency / Fellowships)



If you are still unsure about your J1 visa falling under the category that needs the two-years home country residence before employment in US, here are some methods:

[Note: This 2-year rule is also called the 212(e) requirement after the legal code]

This is what the US Govt. Travel Website says :

"If you are not sure whether the INA 212(e) two-year foreign residence applies to you, you may request in writing an advisory opinion on applicability of INA 212(e) to your situation. The advisory opinion request should include all copies of DS-2019/IAP-66 issued to you, along with a self-addressed envelope, and should be sent to:


INA 212(e) Advisory Opinion Request
The Waiver Review Division, CA/VO/L/W
SA-1, L-603
U.S. State Department
2401 E Street, NW
Washington, D.C. 20522-0106"


Additionally, we have another way - the online automated response system on the official J1 Visa Waiver Recommendation website. Click Here - the second link which says "Complete a survey to help clarify whether you may be subject to 212(e)" should do it for you.






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