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  1. #1
    Join Date
    Nov 2010
    Posts
    1

    Default How Does the Two Year J1 Home Residency Requirement Work

    Hi,
    I came to US on J-1 Student Non-Degree Catogry in march 2009. I did not recieve any support neither from my home country( Pakistan) nor from US government. Also I did not recieve any support from any international organization and I was on self funding. When I was interviewed at US embassy for visa, visa officer approved and she kept my passport for additional administrative procedure and stamped my DS-2019 and gave back to me. She did not check any column on DS-2019 regarding 2 yr HRR and after 2 weeks when I got my passport with visa stamp it was written on my visa that I m subject to rule 212(e) which means that I am subject to 2 yr rule. I assumed that may be I m subjected to this due to Skilled worker list of 1997 and my profession was present in that list.
    Now yesterday I was surfing on U.S. state department website regarding application for waiver and then I came to know that Skill list was revised in june 2009 and my country has removed from that list. also its written there that
    Exchange visitors whose countries were removed from the 2009 Skills List, are, retroactively, not subject to the two-year home residence requirement based on the Exchange Visitor Skills List, even if they entered the United States prior to the effective date.
    So now I have a confusion. As there is no box checked by visa officer on my DS-2019 and it is mentioned on my visa stamp that I m subject to 2 yr HRR and it looks like that I was subjected to 2 yr rule due to presence of my country and my profession in that old list of 1997 coz neither I had any funding or I am a alien physcian. But according to 2009 list update now my country has removed and I do not need to get a waiver or go bak to pakistan for 2 yr.
    Can any body tell me what I am thinking is right or can anyone has any information regarding that.
    Any input will be highly appreciated

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Does the Two Year J1 Home Residency Requirement Work

    If you are correct in your impression that the two year rule is no longer applicable to you, you are eligible for an immigrant or dual-intent visa.

    Go here and get a free advisory opinion - a definitive answer.

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