The only exception is if you are employed by the government of your home country, its military service or professional service abroad, and you are serving in a country other than your home country at the request of the government of your home country. In these circumstances, the period you spend in the United States or a third country may be taken into account to meet the 2-year requirement. If you wish the DOS to take such a situation into account, you must provide a written statement from an official of your home government (through the home country`s embassy in Washington, D.C.) that you have served or will serve in the United States or a third country in the service of your home country and at the request of that government. Paula owns J-2. Her husband Jack is a D-1 carrier. Since Jack, its J-1 director, is subject to the two-year residency requirement, Paula is also subject to the two-year residency requirement. However, Paula should not independently fulfill the obligation to stay abroad for two years. Q: How do I know if I need to meet the requirement to stay abroad for two years? A: If a J-1 holder is not sure whether they will have to meet the requirement for a two-year stay abroad, they may seek the advice of the Waiver Review Division. Q: What is an assessment? A: An expert opinion is a statement from the Waiver Examination Division that explains whether or not a J-1 holder must meet the two-year foreign residency requirement. Q: What do I need to submit to receive a notice? A: You must send copies of your Forms DS-2019/IAP-66 and a request for notice to the following address: United States.
Department of State CA/VO/L/W, Visa Services 2401 E Street, NW, (SA-1) Washington, DC 20522-0106 Q: What is the Exchange Visitor Skills List? A: This is a list compiled by the Ministry of Foreign Affairs that shows the capabilities that each country needs. Q: Where can I find a copy of the Exchange Visitor Skills List? A: The list of exchange visitors` skills is available on the Department of State website. Q: How do I know which country the skill list applies to me? A: The list of jurisdictions of the country that applies to a J-1 holder is that of the country of legal residence where the J-1 holder resided when he received his J-1 visa. Q: Can I upgrade from J-1 status to another nonimmigrant visa outside the United States if I am subject to the two-year residency requirement? A: Yes. You can obtain a nonimmigrant visa (O, E, or F visa) from a U.S. consulate in a foreign country. However, you cannot obtain an H or L visa until you have received a J-1 waiver or until you have met the requirement to stay abroad for two years. Example: May wants to upgrade from J-1 status to another nonimmigrant visa in the United States. However, he is still subject to the two-year residency requirement. May cannot switch from one J-1 visa to another non-immigrant visa unless she receives a J-1 exemption. Example: Jesus wants to obtain another type of nonimmigrant visa, but is still required to meet his J-1 foreign residency requirement. Jesus must go to a U.S.
consulate in a foreign country to apply for the visa. If Jesus wants to keep Z&A, a Z&A lawyer can accompany him to Mexico to apply for a third-country visa. For more information on third-country visas, please click here. Example: Lee wants to obtain an immigrant visa from a U.S. consulate before fulfilling the requirement to stay abroad for two years. Lee is only able to do this when he adheres to the two-year rule. Example: Vince is subject to the two-year rule and his net asset value is approved. Vince has the right to claim a net asset value, although he is subject to the two-year rule. However, Vince must still receive a waiver or meet the two-year residency requirement before being eligible to receive a green card. For example, Ben wants to move from J-2 status to J-1 status. Once it has received an IAP-66 (Certificate of Eligibility), it can upgrade to J-1 status in the United States. However, he may be subject to the two-year restriction on the requirement to reside abroad twice, once as the spouse of a J-1 and again as a J-1.
Z&A has successfully helped its clients change their J-2 status to D-1. For more information on the lawyer`s fees associated with the change of status from J-2 to J-1, please click here. Q: I came to the U.S. on a J-1 visa, which is subject to the two-year rule. Can I change my J-1 program? A: It`s not a good idea to change your J-1 program if you haven`t yet met your two-year requirement. If you change your J-1 program, you may be subject to the two-year restriction twice and must receive two J-1 waivers to be exempt from the rule. Q: How do I adjust my status to my permanent residence if I am subject to the J-1 foreign residence requirement? A: In general, you cannot apply for an adjustment of status if you have not yet met the requirement to stay abroad. However, once you have received a J-1 waiver, you can apply for an adjustment of status. For more information on the J-1 derogations, please click here.
You can also apply for an adjustment of status after meeting the requirement to stay abroad for two years. You can apply for a permanent residence visa once you start living in your home country, but the visa cannot be issued until the foreign residence requirement is met. Example: Sandy has a J-1 visa. She becomes a permanent resident of Canada. Sandy is still subject to the two-year rule. Your permanent residence in Canada has nothing to do with your visa waiver issue. She is still obliged to spend her two years in her country of origin or in the country of her last habitual residence, regardless of her status or residence in another foreign country. Example: Harold is subject to the two-year rule.
Harold marries an American citizen. Harold is eligible to apply for a green card, but must still meet the two-year residency requirement. Q: Can I file an I-140 petition (immigration petition) or an I-130 petition (foreign parent) while I am subject to the J-1 foreign residency requirement? A: Yes. Filing an I-140 or I-130 will not affect your status. Both allow you to obtain permanent resident status in the future. For example, a person can obtain an I-140 permit, then return to their home country and after fulfilling the requirement for residence abroad. Then he or she has the right to apply for permanent residence. Similarly, if a J-1 exemption is granted, they can obtain a permanent visa (or adjust their status if they are in the United States once the J-1 exemption has been granted. Q: Does the new Rule 245(i) exempt J-1 holders who are subject to the two-year rule? A: Rule 245(i) does not exempt you from meeting the two-year residency requirement. You must continue to comply with the rule. Q: Does the two-year rule also apply to D-2 members of a J-1 incumbent? A: Yes. Individuals who entered or resided in the United States as A J-2 are subject to the same restrictions as their respective J-1 holders.
You will also be exempt from the restriction if the holder of the J-1 receives a J-1 waiver. NOTE: Before the State Department took control of the J-1 programs, the previously competent authority (USIA) found that J-2 dependents were not required to meet the overseas residency requirement themselves. . . .