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  1. #1
    Join Date
    Jun 2018
    Posts
    4

    Question Can You Apply for a E2 Visa After Finishing a J1 Internship

    Hi everyone,

    I've been an intern in the US with a J1 visa for 18 months (two J1). I am still allowed to stay until mid September and according to my visa, I am not subject to section 212e - "two year rule does not apply". My manager wants to hire me full time on an E2 visa after completion of my internship program. But our HR team seems reluctant from a legal standpoint: they told me that since the purpose of the J1 visa is cultural exchange, I am supposed to go back to my country to use the knowledge I acquired in the US, which makes it very difficult to hire me after completion of my internship. To be honest I don't understand why this would be difficult since I am not subject to the 2 year rules. I've seen indeed on official websites that we are "expected" to return to our home country when the visa ends but I interpreted this as "you cannot stay in the US illegally after the end of your visa", not as "you cannot be hired on another visa", otherwise why would I not be subject to the 2 year rule?... Is hiring someone after completion of his/her J1 internship possible? What do you think of my case from a legal standpoint?

    Thank you very much for your help!

  2. #2
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Apply for a E2 after finishing a J1 (intern)

    You are expected to go back even if you are not subject to the HRR. That's what non-immigrant visas are all about. Since you entered legally, however, you could attempt to change your visa before the time runs out and wait for a decision (even if the time runs out, you don't accrue unlawful presence until you are turned down).

    However, I'm skeptical about the E-2. Unless you have a substantial interest in the business, you aren't eligible. I'm not seeing how an "intern" is suddenly going to make that leap (and the state department isn't likely either).

    Further it is not your "manager" who makes the call, it is the company. If the company is not willing to sponsor you, you are out of luck.

  3. #3
    Join Date
    Jun 2018
    Posts
    4

    Default Re: Apply for a E2 after finishing a J1 (intern)

    Totally understand that I have to go back to my country at the end of the J1. But how is it that once I'm back and not on any J1, sponsor contract or anything I could not request a E2 as anybody else? (assuming I'm eligible and have sufficient skills/work experience)

  4. #4
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Apply for a E2 after finishing a J1 (intern)

    Work experience has squat to do with an E-2. E-2 involves you being involved in the business that you're coming to the US to be involved in.
    Understand YOU can't instigate this. The company must.

  5. #5
    Join Date
    Sep 2005
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    98,830

    Default Re: Can You Apply for a E2 Visa After Finishing a J1 Internship

    If your J1 visa is not subject to the two year HRR, then that rule doesn't affect you. The only issue would be whether you could adjust your status within the U.S. before you have to depart due to going out of J1 status, or if you would obtain the E2 visa after returning to your home country.

    If your prospective employer believes that you have some form of duty to your nation of origin, even though you're not subject to the HRR, and won't hire you on that basis, that's not an immigration law issue -- that's a matter of your prospective employee's policy preferences.

  6. #6
    Join Date
    Oct 2016
    Posts
    2,657

    Default Re: Can You Apply for a E2 Visa After Finishing a J1 Internship

    KIA,

    There is nothing in the OPs posts that would allow us to assume that she is qualified for an E2 visa.

  7. #7
    Join Date
    Jun 2018
    Posts
    4

    Default Re: Can You Apply for a E2 Visa After Finishing a J1 Internship

    Quote Quoting Mr. Knowitall
    View Post
    If your J1 visa is not subject to the two year HRR, then that rule doesn't affect you. The only issue would be whether you could adjust your status within the U.S. before you have to depart due to going out of J1 status, or if you would obtain the E2 visa after returning to your home country.

    If your prospective employer believes that you have some form of duty to your nation of origin, even though you're not subject to the HRR, and won't hire you on that basis, that's not an immigration law issue -- that's a matter of your prospective employee's policy preferences.
    Thank you that's helpful.
    I already discussed with my employer about E2 to know if I qualify or not. I actually do so this is not my issue here. My main concern was more about knowing if the J1 sponsor has any word on my future job in the US as long as I come back in my country (for a undetermined time) at the end of my J1 and apply for E2 from there. Therefore it won't be a transfer of visa but a totally separate application. Again my goal here is not to know if I qualify or not for E2 but more to gather experience and info on the possibility to come back to the US to work after a J1.

    Thank you for the help

  8. #8
    Join Date
    Oct 2016
    Posts
    2,657

    Default Re: Can You Apply for a E2 Visa After Finishing a J1 Internship

    Your J1 employer should have no say in your entry and employment under another type of visa.

    That said, I'm concerned you are ignoring everyone that has responded telling you that unless there is a lot more to the story you really don't understand what a E2 Visa is.


    General Qualifications of a Treaty Investor
    To qualify for E-2 classification, the treaty investor must:

    Be a national of a country with which the United States maintains a treaty of commerce and navigation
    Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
    Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
    An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.

    A substantial amount of capital is:

    Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
    Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
    Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
    A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

  9. #9
    Join Date
    Jun 2018
    Posts
    4

    Default Re: Can You Apply for a E2 Visa After Finishing a J1 Internship

    Thanks everyone. I'm absolutely not ignoring the message but again I've been working in my company with HR and lawyers for 6 months now to evaluate option so I'm aware of the E2 requirements. Only concern was about the sponsor I paid in my country to help getting my J1 intern visa (making sure they won't make it hard for me to apply for a work visa once I'll be back in my country).

    I know what a E2 is and that both my company and I qualify, but I understand your concern as it's a pretty specific visa.
    Thanks again

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