Results 1 to 2 of 2
  1. #1
    Join Date
    May 2016
    Posts
    1

    Default Home Residency Rules for a J1 Intern, Not Subject the Two-Year HRR

    I'm on a J1 visa 12 months internship, my visa and DS2019 state that I'm not subject to 2-year residence requirement "bearer not subject to section 212(E)". My company is trying to hire me full time after completion of my internship on an E2 visa as an "essential worker". But the lawyer pushes back saying that upon completion of the J1 I must reside and be employed outside the USA for a year before I may apply again and that the US embassy will not issue a work visa to an individual who has just completed the J1 internship.
    What is your legal take on this issue? Can J1 visas - not subject to the 2year rule - be hired (on an E2 visa) upon completion of their internship? Or is it true that US embassy will not issue a work visa to an individual who has just complete the J1 internship and that I have to go back to my country and apply the knowledge gained in the US before re-applying to my company?
    Thank you very much for your help!

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

    Default Re: Home Residency Rules for a J1 Intern, Not Subject the Two-Year HRR

    Perhaps the lawyer is actually seeking a L-2 visa, or wants to do so? Ask the lawyer to identify the regulation that imposes the one-year rule.

    1. Sponsored Links
       

Similar Threads

  1. J Visas: How is Time Calculated for the J1 Two Year Home Residency Rule
    By melimelo in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 05-18-2015, 02:45 PM
  2. J Visas: Switching from J1 to F1 While Subject to the Two Year Home Residency Rule
    By sapientissima in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 10-01-2013, 09:22 PM
  3. F Visas: J-1 to F-1 and Two-Year Home Residency
    By Mrl in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 02-20-2013, 05:28 AM
  4. J Visas: How Does the Two Year J1 Home Residency Requirement Work
    By tinna in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 11-13-2010, 09:26 PM
  5. F Visas: J-1 (Subject to 2-Year Residency Requirement) to F-1
    By branpaul_guiao in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 01-27-2010, 12:11 AM
 
 
Sponsored Links

Legal Help, Information and Resources