24 Month Bar on Repeat Participation & Two-Year Home Residency Requirement
March 12, 2013
24 Month Bar on Repeat Participation: Who Does It Pertain To?
Who Is Subject: J-1 Research Scholars & their J-2 Dependents J-1 Professors & their J-2 Dependents
Who Is Not Subject: J-1 Short-Term Scholars J-1 Specialists J-1 Students
24 Month Bar on Repeat Participation: What Does It Mean?
Previous J-1 Exchange Visitor Status
Earliest Possible Date of Return as J-1 Research Scholar/Professor
J-1 Research Scholar
24 Months After Program End Date
J-1 Professor
24 Months After Program End Date
J-1 Short-Term Scholar
Immediately
J-2 Dependent (Research Scholar)
24 Months After J-1 Scholar’s End Date*
J-2 Dependent (Professor)
24 Months After J-1 Scholar’s End Date*
J-2 Dependent (Short-Term Scholar)
Immediately
* A J-2 dependent can change to a J-1 Research Scholar/Professor if the J-1 Exchange Visitor’s Research Scholar/Professor program has not yet ended.
24 Month Bar on Repeat Participation: Things to Keep in Mind
Please Mark Appropriate Box on DS-2019 Application Please Inform IFSS if J-1 Scholar is Departing Early 24 Month Bar starts from the end date in SEVIS
No Waiver for 24 Month Bar Can Be Fulfilled While on Other Immigration Statuses
Two-Year Home Residency Requirement (212e Requirement): What Is It?
Those subject to this requirement are mandated to return to either their country of citizenship or country of last legal permanent residence for a period of two years at some point following their program completion. Does not have to be completed all at once, can be fulfilled non-consecutively
Two-Year Home Residency Requirement (212e Requirement): How This Pertains To Us
If subject, an individual cannot return to the U.S. on an immigrant intent status until the 212e Requirement has been fulfilled. Immigrant Intent Statuses: H-1B for Temporary Workers Legal Permanent Residency (Green Card) However, a subjected individual can return to the U.S. on a nonimmigrant intent status. Non-Immigrant Intent Statuses: F-1 Student J-1 Exchange Visitor E3 for Australians TN for Mexicans & Canadians B-1/B-2 for Business & Pleasure
Two-Year Home Residency Requirement (212e Requirement): Grounds to be Subject?
The Three Ways: Government Financing of J-1 Program Country of Citizenship Skills List Educational Commission for Foreign Medical Graduates (ECFMG)
1: Government Financing
If a J-1 Exchange Visitor receives direct funding through either the U.S. Federal Government or a foreign government, they will be subject. Determination is based on the financial documentation provided in the DS-2019 application process.
UW-Madison salary/program funds & general grants are not considered U.S. Federal Government Funding
2: Skills List
Every J-1 Exchange Visitor has a “Field of Specialization Code” which is based on their area of study/research Certain countries subject their citizens to the 212e requirement if the scholar’s Field of Specialization is on that country’s “Skills List” Skills Lists vary from country to country Not all countries have a Skills List
3: ECFMG
The ECFMG is a government program for international medical graduates looking to hands-on clinical experience in the U.S. Any ECFMG participant is subject to the 212e requirement.
UW-Madison does not host any ECFMG graduates
Two-Year Home Residency Requirement (212e Requirement): Advisory Opinion
An Advisory Opinion is a request, submitted to the Department of State (DOS) by IFSS, arguing that one of our J-1 Scholars was erroneously made subject to the 212e and should subsequently be relieved of that requirement. Processing Time: 4 – 6 Weeks No cost to the J-1 Scholar DOS can deny these requests, even if the ruling was originally made in error.
Two-Year Home Residency Requirement (212e Requirement): Waiver of the 212e
A Waiver for the 212e Requirement is available through the Department of State Application found on DOS website Approval process can be lengthy $215 Processing Fee
Although IFSS does not process 212e waivers, we ask that all scholars consult our office before applying Approved application can have unintended implications pertaining to the individual’s J-1 program.
Questions!
Contact Information: Kim Maday
[email protected] 608-265-5114
Ryan Redmer
[email protected] 608-262-3259
