24 Month Bar on Repeat Participation

January 8, 2018 | Author: Anonymous | Category: Social Science, Political Science, Civics
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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

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