J1 visa waiver, who does it apply too?

[utopia2004 2]

Hi,

I was planning on undertaking a J1 visa next summer, i am a university student right now.

I have just been reading about the two year rule, im starting to rethink my plans for a J1 visa now. I plan to marry my boyfriend and apply for a green in the future, i am at university and will be spending enough time away from him, i dont fancy another two years after next summer

Who does the two year rule apply too? and what would make you eligible for the J1 visa waiver?

I am a student from the UK. I have government funding for my studies here (there isnt many who dont!).

I have read about the ''No objection letter''... would i be eligible to apply using this?

Thanks

[MacPara 0]

I was planning on undertaking a J1 visa next summer, i am a university student right now.

I have just been reading about the two year rule, im starting to rethink my plans for a J1 visa now. I plan to marry my boyfriend and apply for a green in the future, i am at university and will be spending enough time away from him, i dont fancy another two years after next summer

Who does the two year rule apply too? and what would make you eligible for the J1 visa waiver?

I am a student from the UK. I have government funding for my studies here (there isnt many who dont!).

I have read about the ''No objection letter''... would i be eligible to apply using this?

Hi Utopia2004,

one of the details to cause the 2YHSR or INA212e rule to kick in is government funding either from your home government or from the US side. So if you receive funds from government institutions on either side to make your J1 stay happen, then this is a definite INA212e.

A NOL (no objection letter) can make a difference, but...

... you can't apply for the NOL, AFAIK, before the end of your J1 visa term, so you don't know ahead of time if you'd be able to get it.

... applying for a waiver for INA212e even with a NOL, does not necessarily get approved, so there's a chance that you still have to do the 2 years.

... you cannot file AOS while INA212e applies to you as you're not eligible, which means that you'd have to apply for the INA212e waiver 1st. Processing times are not short and it also requires getting the NOL first.

... you're pretty much asking for a lot of trouble going with a J visa with the plans that you have. Also note, that applying for a J1 requires proof of non-immigration intent. You just said you plan on filing for an immigration visa which violates the non-immigration requirement of the J visa.

Why don't you get the OPT after your university studies to extend your stay by another year and get married before the end of it? I assume you're on F right now?

Good luck,

Torsten.

[utopia2004 2]

Hi thank you for your help!

No i am at university in the UK, not the US.. is that what you mean by getting the OPT (what does this mean?). Im at uni in the Uk another two years from now. But two years after next summer of not seeing my boyfriend isnt a great option since im not seeing him much this year anyway.

But your post pretty much sums it up.. i guess doing a J1 visa is a bad idea :-S That blows because, that was a source of income for me whilst spending time with my boyfriend next summer and also something to put on my Resume at the same time :-(... there's no way round it?

Does the 2 year rule apply to all J1 visas.. even the work and travel which i think is only 3/4 months?

Edited October 11, 2009 by utopia2004

[Betti 1]

I got my J-1 for my internship at a hotel, the 2 year rule did not apply to me. Now I am adjusting my status, since I got married to my then husband during the year on the J-1 visa. A turkish colleague of mine had the 2 year rule, but filed a waiver and it got approved. So he returned to turkey and applied for K-1 from there right away. He will be back in the US very soon to be with his american fiancee. I am not sure how to file a waiver or when the 2 year rule applies to you ( I know that it does apply when the government pays for you while in US. In my case I guess it didn't count because the hotel paid me). Maybe this helps a bit. Good luck!

[hudons 0]

I'm currently on J1 and will file for AOS tomorrow.

I have held 3 J1 visas and none of them have had the 2 year rule. I think if you work for a private company it doesn't apply. Like Betti said. If you're coming to the US next summer on a summer work and travel J1 then I don't think you will have a problem. It mostly applies to 12/18 month J1 internships and student stays.

Summer camp through Camp America/Camp Leaders or something like that doesn't have it, I had 2 of those.

Good luck in London Embassy, cattle pen anyone?

[MacPara 0]

Hi thank you for your help!

No i am at university in the UK, not the US.. is that what you mean by getting the OPT (what does this mean?). Im at uni in the Uk another two years from now. But two years after next summer of not seeing my boyfriend isnt a great option since im not seeing him much this year anyway.

But your post pretty much sums it up.. i guess doing a J1 visa is a bad idea :-S That blows because, that was a source of income for me whilst spending time with my boyfriend next summer and also something to put on my Resume at the same time :-(... there's no way round it?

Does the 2 year rule apply to all J1 visas.. even the work and travel which i think is only 3/4 months?

Sorry, I thought you were on US university. You can do that with an F visa which has OPT option. OPT stands for Optional Practical Training and is used to add another consecutive year in the US for practical on the job training after your graduation. As you're in the UK this doesn't apply.

There is a way around the INA212e if you find a J1 sponsor that is not government funded. Still it would be a bit uncertain how well it'd play out as sometimes consular officer make mistakes and put an INA212e note on the visa when they shouldn't and vice versa. This can add significantly to your stress level as I know from experience ...

It applies to all J1 visa if the circumstances meet the INA212e criteria regardless of their duration. See INA 212 e

The criteria are these (EV = Exchange Visitor):

- The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.

- The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country.

- The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

Don't worry about the Skill List. Countries in Western Europe don't have jobs listed there.

An option to do a J-1 safely is going on an au-pair year. That won't help you for your resume except for being in a "foreign" country. And it won't help you with practical training in the profession you've learned but then you'd get to make a little money and be with your boyfriend for some time...

Sorry, I don't have better news for you.

Take care,

Torsten.

[utopia2004 2]

Hi thank you for your help!

No i am at university in the UK, not the US.. is that what you mean by getting the OPT (what does this mean?). Im at uni in the Uk another two years from now. But two years after next summer of not seeing my boyfriend isnt a great option since im not seeing him much this year anyway.

But your post pretty much sums it up.. i guess doing a J1 visa is a bad idea :-S That blows because, that was a source of income for me whilst spending time with my boyfriend next summer and also something to put on my Resume at the same time :-(... there's no way round it?

Does the 2 year rule apply to all J1 visas.. even the work and travel which i think is only 3/4 months?

Sorry, I thought you were on US university. You can do that with an F visa which has OPT option. OPT stands for Optional Practical Training and is used to add another consecutive year in the US for practical on the job training after your graduation. As you're in the UK this doesn't apply.

There is a way around the INA212e if you find a J1 sponsor that is not government funded. Still it would be a bit uncertain how well it'd play out as sometimes consular officer make mistakes and put an INA212e note on the visa when they shouldn't and vice versa. This can add significantly to your stress level as I know from experience ...

It applies to all J1 visa if the circumstances meet the INA212e criteria regardless of their duration. See INA 212 e

The criteria are these (EV = Exchange Visitor):

- The EV's participation in an exchange program was funded by the United States Government, EV's own government, or an international organization.

- The education, training, or skill the EV is pursuing in an exchange program appears on the Exchange Visitor Skills List (1997 Amendment) for EV's country.

- The EV acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

Don't worry about the Skill List. Countries in Western Europe don't have jobs listed there.

An option to do a J-1 safely is going on an au-pair year. That won't help you for your resume except for being in a "foreign" country. And it won't help you with practical training in the profession you've learned but then you'd get to make a little money and be with your boyfriend for some time...

Sorry, I don't have better news for you.

Take care,

Torsten.

So on the work and travel visa, if you worked for an independent company, i.e restaurant or such the the year rule wouldn't apply?

But in terms of the rule of the visa that you dont intend to immigrate.... i have a boyfriend out there, so would that be looked badly on when we do apply for an application, that i already had a boyfriend before i undertook the J1 visa? and if we got married not next summer (when i did my visa) but the following summer (when im not on my visa, although i did want to do the J1 visa twice), would that mean i am violating the rules of the J1 visa for this summer? if you know what i mean.

Also if a mistake is made, shouldn't it be easy to rectify.. you just show the company you worked for is not government funded?

thanks

Edited October 12, 2009 by utopia2004

[utopia2004 2]

I got my J-1 for my internship at a hotel, the 2 year rule did not apply to me. Now I am adjusting my status, since I got married to my then husband during the year on the J-1 visa. A turkish colleague of mine had the 2 year rule, but filed a waiver and it got approved. So he returned to turkey and applied for K-1 from there right away. He will be back in the US very soon to be with his american fiancee. I am not sure how to file a waiver or when the 2 year rule applies to you ( I know that it does apply when the government pays for you while in US. In my case I guess it didn't count because the hotel paid me). Maybe this helps a bit. Good luck!

Betti, did you meet your fiance whilst on the J1 visa?

[Jenn and Fuat 2]

I got my J-1 for my internship at a hotel, the 2 year rule did not apply to me. Now I am adjusting my status, since I got married to my then husband during the year on the J-1 visa. A turkish colleague of mine had the 2 year rule, but filed a waiver and it got approved. So he returned to turkey and applied for K-1 from there right away. He will be back in the US very soon to be with his american fiancee. I am not sure how to file a waiver or when the 2 year rule applies to you ( I know that it does apply when the government pays for you while in US. In my case I guess it didn't count because the hotel paid me). Maybe this helps a bit. Good luck!

Betti, did you meet your fiance whilst on the J1 visa?

I have four UK employees, working with me now, who are on the J1 12 month program, and a one who is on the J1 work and travel program. The two year rule does not apply to them. I have one employee, from Ukraine, on the J1 12 month.. and the rule does apply to him. A lot depends on your country and what level you are in University. If you are doing the 12 month program, after you graduate, the two year rule will most likely apply. Doing two J1 work and travel programs ( 3-4 month) isn't going to be a problem.. but if you come the second year, with the intent to get married, it may be difficult for AOS. I know some people who have done it without a problem.. others had to return home and file to come back.

[utopia2004 2]

I got my J-1 for my internship at a hotel, the 2 year rule did not apply to me. Now I am adjusting my status, since I got married to my then husband during the year on the J-1 visa. A turkish colleague of mine had the 2 year rule, but filed a waiver and it got approved. So he returned to turkey and applied for K-1 from there right away. He will be back in the US very soon to be with his american fiancee. I am not sure how to file a waiver or when the 2 year rule applies to you ( I know that it does apply when the government pays for you while in US. In my case I guess it didn't count because the hotel paid me). Maybe this helps a bit. Good luck!

Betti, did you meet your fiance whilst on the J1 visa?

I have four UK employees, working with me now, who are on the J1 12 month program, and a one who is on the J1 work and travel program. The two year rule does not apply to them. I have one employee, from Ukraine, on the J1 12 month.. and the rule does apply to him. A lot depends on your country and what level you are in University. If you are doing the 12 month program, after you graduate, the two year rule will most likely apply. Doing two J1 work and travel programs ( 3-4 month) isn't going to be a problem.. but if you come the second year, with the intent to get married, it may be difficult for AOS. I know some people who have done it without a problem.. others had to return home and file to come back.

thanks

I wont have intent to get married on my J1 visa, i wont be marrying next summer, i have intent to get married to my boyfriend in the future that is all. Is it only intent to get married on that specific visa that is a problem?

So you could do an Internship in the summer, for say 4 months (government funded) and not receive the two year rule? if you were returning to university the following year? Are your employees who are on the 12 month program returning to university? Or would this be a risk that you might get the rule due to the Gov funding?

Edited October 12, 2009 by utopia2004

[Clarax 0]

I had a J1 to work in a hotel several years ago and I was not subject to the 2 year rule. Back then, and of course it could have changed by now but the 2 year rule depended on what type of job you came to the US to do and if back in the UK it was considered a job where they were in need of employees. So i.e. if you were a nurse then you would be subject to the 2 year rule because they were in need of nurses or yes - if your j1 was funded by the government then you would be subject to the 2 year rule also.

Clara

[Betti 1]

I got my J-1 for my internship at a hotel, the 2 year rule did not apply to me. Now I am adjusting my status, since I got married to my then husband during the year on the J-1 visa. A turkish colleague of mine had the 2 year rule, but filed a waiver and it got approved. So he returned to turkey and applied for K-1 from there right away. He will be back in the US very soon to be with his american fiancee. I am not sure how to file a waiver or when the 2 year rule applies to you ( I know that it does apply when the government pays for you while in US. In my case I guess it didn't count because the hotel paid me). Maybe this helps a bit. Good luck!

Betti, did you meet your fiance whilst on the J1 visa?

I was with my boyfriend before I got the J-1 visa.

I was an Au Pair in 2003 and had a 12-month J-1 visa, which did not have the 2 year rule.

I met my boyfriend (now husband) in 2007, when he worked in Germany. He had to return to the USA just before christmas and we had a long distance relationship for 9 months. During this time we were looking for a way to be together without having to get married right away, as it was too soon and both of us didn't want to rush anything. So I found this possibility of a paid internship on a J-1 visa, applied for it and got it, again without the 2 year rule. At that point I didn't even know to pay attention to that. I never mentioned my boyfriend anywhere in the whole visa process, nobody ever asked. They only ask you if you have relatives in the US and a boyfriend is not a relative. In April this year we decided to get married, did so in August and applied for AOS right away. My J-1 visa expired in September. So at the point of entry into the US, my intention was not to get married and stay, but to do my internship at the hotel and spend some time with my boyfriend. Hope this helps!

[Miranda&John 0]

So on the work and travel visa, if you worked for an independent company, i.e restaurant or such the the year rule wouldn't apply?

But in terms of the rule of the visa that you dont intend to immigrate.... i have a boyfriend out there, so would that be looked badly on when we do apply for an application, that i already had a boyfriend before i undertook the J1 visa? and if we got married not next summer (when i did my visa) but the following summer (when im not on my visa, although i did want to do the J1 visa twice), would that mean i am violating the rules of the J1 visa for this summer? if you know what i mean.

Also if a mistake is made, shouldn't it be easy to rectify.. you just show the company you worked for is not government funded?

thanks

I'm currently in the US on a J-1 visa and will be applying for AOS before the end of the month. I'm actually doing an internship at a local government office (city hall) but it is sponsored through CIEE and I am not subjected to the 2 year residency. I am also living with my boyfriend, which I fully disclosed at the border when I crossed. The guard tried to (in a very lame way) trick me into saying I was coming here to marry him, but I stood my ground that I was here for the work experience and it wasn't a problem for me.

[MacPara 0]

So on the work and travel visa, if you worked for an independent company, i.e restaurant or such the the year rule wouldn't apply?

But in terms of the rule of the visa that you dont intend to immigrate.... i have a boyfriend out there, so would that be looked badly on when we do apply for an application, that i already had a boyfriend before i undertook the J1 visa? and if we got married not next summer (when i did my visa) but the following summer (when im not on my visa, although i did want to do the J1 visa twice), would that mean i am violating the rules of the J1 visa for this summer? if you know what i mean.

Also if a mistake is made, shouldn't it be easy to rectify.. you just show the company you worked for is not government funded?

thanks

Yes, if you get sponsored by a private institution or company, the rule wouldn't apply.

About the non-immigration intend... when you apply for the J-visa you'll have to prove that you don't intend to immigrate. That's usually a simple collection of evidence that you have ties to the UK, i.e. you maintain an apartment while in the US, keeping bank accounts, showing a flight ticket with a return date for the end of the visa, stuff like that. So they won't ask you about your boyfriend and you don't have to bring it up as you don't have explicit plans on getting married yet - you're just thinking about it, right?

Should immigrate from your J-1 status, meaning you'd do the Adjustment of Status, the adjudicating officer will probably ask you about how and when you met and such things. If you tell them that you knew each other before getting a J visa, that might raise some concerns.

Remember, it's up to you to prove you had no intention to immigrate when you applied for the J-1.

You can always return after your J-1 stay and get married in the UK and start the K3/1 procedure instead. The processing times got much better since I go involved with the system (not my accomplishment :-).

Yes, if a mistake is made you can rectify it. It won't be easy though and it might require the use of an Immigration Lawyer and it might even go to an Immigration Court. This is time consuming, nerve wrecking and costly. I just wanted to mention it. I found that whole 2-year thing very confusing when I had to go through this process as I had contradicting evaluations from different institutions of the system, which made me spend a significant amount of money on an Immigration Lawyer that I wouldn't have had to spend otherwise. It all worked out well for me but I've read about other in similar situations that weren't as lucky as I was. That's why I'm still writing here and trying to pass on what I just had to learn...

Good luck,

Torsten.

[utopia2004 2]

So on the work and travel visa, if you worked for an independent company, i.e restaurant or such the the year rule wouldn't apply?

But in terms of the rule of the visa that you dont intend to immigrate.... i have a boyfriend out there, so would that be looked badly on when we do apply for an application, that i already had a boyfriend before i undertook the J1 visa? and if we got married not next summer (when i did my visa) but the following summer (when im not on my visa, although i did want to do the J1 visa twice), would that mean i am violating the rules of the J1 visa for this summer? if you know what i mean.

Also if a mistake is made, shouldn't it be easy to rectify.. you just show the company you worked for is not government funded?

thanks

I'm currently in the US on a J-1 visa and will be applying for AOS before the end of the month. I'm actually doing an internship at a local government office (city hall) but it is sponsored through CIEE and I am not subjected to the 2 year residency. I am also living with my boyfriend, which I fully disclosed at the border when I crossed. The guard tried to (in a very lame way) trick me into saying I was coming here to marry him, but I stood my ground that I was here for the work experience and it wasn't a problem for me.

Hi, The CIEE.. i will look in to that. So they aren't government funded, but it is with a government office? Are you a graduate? Because if you have graduated you wouldn't have the university ties, and likely you wouldnt have a full time secure job, so how can you prove you wont stay there once graduated?

Edited October 14, 2009 by utopia2004