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Who is subject to Section 212(E) of the Immigration & Nationality Act?
What is INA 212(E)?
What if I am subject to Section 212(E)?
What is the Immigration and Nationality Act (INA)?
Jul 10, 2019 · The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law.
- Policy Manual | USCIS
The Policy Manual provides all the latest policy updates; an...
- Application for Waiver of the Foreign Residence ... - USCIS
No. J-1 and J-2 visas holders and their families may use...
- Policy Manual | USCIS
- Who Is Subject to Section 212E?
- Consequences of Section 212
- Duration of 212
- Fulfilling Section 212
- Advisory Opinions and Waivers For Section 212
You are generally subject to this requirement if any one or more of the following apply: 1. Your J-1 program was financed directly or indirectly by US government and/or home government funding 1.1. Direct financing includes funding received directly from the US government or your home government to support your J-1 exchange visitor activities 1.2. ...
If you are subject to Section 212(e), this means that you will not be able to obtain an H-1B temporary worker visa or US permanent residence (as well as L and K visas) until you have satisfied the two year home residency requirement or had the requirement waived. In addition, you are not permitted to change to another immigration status while in th...
Section 212(e) is a lifetime requirement in that it applies to you until the requirement is either fulfilled or waived. For example, if you were a J-1 student subject to the requirement, but then left and immediately returned to the US using as an F-1 student visa, the requirement would still apply to you even after completion of your F-1 program. ...
If you are subject to Section 212(e) and choose to fulfill it, you must be physically present in your country of nationality or last legal permanent residence for an aggregate of at least two years after departing the US at the end of your J-1 program. Because the two years of physical presence is in the aggregate, you do not have to reside in your...
In many cases it may not be clear if you are subject to Section 212(e). While your J-1 visa and Form DS-2019 may contain a preliminary determination that you are subject to the requirement, you may want to request an Advisory Opinion(AO) from the US State Department. The State Department will review copies of your J-1 requirements and determine if ...
Apr 12, 2024 · There is a provision in U.S. law for a waiver of this requirement by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). The former exchange visitor must apply for the waiver.
It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212 (e). If you cannot return home for two years, you must apply for a waiver.
When an exchange visitor is subject to the Two-Year Home Country Physical Presence Requirement and the appropriate information is entered into SEVIS, the 212 (e) information will print in the appropriate section of the Form DS-2019. The following will trigger the 212 (e) indicator in SEVIS: Funding from a U.S. Government agency.
Overview. Some J-1 exchange visitors are subject to the U.S. Department of State Two-Year Foreign Residence Requirement INA 212 (e) that requires them to return to their home country for two years at the end of their J-1 program.
