FAQ: How Long Do You Have To Be Home From A.J1 Visa To Reenter Usa?

Overview. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program.

Can I leave and reenter the US on a J-1 visa?

Any exceptions must be approved, in advance, by your J-1 visa sponsor. Generally, absences from the U.S. of more than 30 days must be for a purpose that is consistent with the purpose and goals of the Exchange Visitor’s J-1 program. There is no limitation of duration of absences from the U.S. for J-2 dependents.

Can I enter the US after my J-1 visa starts?

Step 5: Travel to the US Once you have obtained your J-1 visa, you are ready to travel to the U.S. Immigration regulations allow you to enter the U.S. no earlier than 30 days prior to the start date of your program indicated in Section 3 of your SEVIS Form DS-2019.

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Can I get another J-1 visa if I’m still under the two-year rule requirement from the first one?

When U.S. immigration law allows J-1 visa holders to continue on and apply for another status in the U.S. regardless of the two-year home residencey requirement.

What is the 2 year home residency requirement?

The two-year home residency requirement (or 212(e), as it is referenced in the immigration regulations) means that those who come the U.S. in J-1 status cannot become permanent residents in the U.S., change status in the U.S., or get work or family-based visa status such as H, L or K until they return to their country

How can I stay in U.S. after J-1 visa expires?

If your J1 visa has expired, you will be required to return to your home country for at least two years before being allowed to apply for any additional visas. This is not always possible and can sometimes simply be impractical. If this is the case, you can apply for a J1 visa waiver which will waive this requirement.

What happens if I overstay my J-1 visa?

If you overstay for six months or longer, you will not be able to return to the United States for three years. If you overstay for more than one year, you will be barred from re-entering the United States for 10 years. As a benefit of being married to a U.S. citizen, the amount of time you overstayed will be waived.

Can you apply for a green card while on a J1 visa?

Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. Also, to obtain a J1 visa you must prove that you have close ties to your home country and that you plan on returning there after your J1 visa expires.

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How much bank balance is required for US J1 visa?

A J-1 Visiting Student with a spouse and two children staying for one year would need to show $28,000 for themselves, $14,000 for the spouse, and $14,000 for the children: $56,000 in total. A J-1 Visiting Student would only be able to show half of $56,000, or $28,000, in personal or family funds.

How can I change my J1 visa to H1B?

How to Apply for a J1 to H1B Change of Status

  1. Find an H1B Sponsor. Your H1B visa is dependent on a job offer from an employer who is willing to be your sponsor.
  2. Employer Submits Labor Conditions Approval (LCA)
  3. Employer Submits Form I-129.
  4. Applicant Completes Application at a US Embassy or Consulate.

What is the 212e rule?

One of the most common questions received from foreign nationals under J-1 visa status is about the 212(e) rule, also known as the “two year” rule. This specific rule requires exchange participants to return to their home country for at least two years or more, unless they receive a waiver.

Can I apply for H1B after J-1?

To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.

How hard is it to get J-1 waiver?

If you received funding from your home government or an international organization, or are subject based on the skills list, you may request a waiver for the J-1 home residency requirement. However, it is extremely difficult to get a waiver if you received U.S. government funding.

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Does all J-1 visa have 2 year rule?

Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).

How long is J-1 waiver?

The J-1 visa allows holders to remain in the U.S., normally for up to seven years, until they complete their Graduate Medical Education (GME).

How do I waive my J-1 visa 2 year rule?

In general, you’ll need to go to the J Visa Waiver website, fill out an online J-1 visa waiver recommendation application (also known as Form DS-3035), and mail the completed application and additional documents to the U.S. Department of State’s Waiver Review Division.

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