J1 trainee/intern - two year rule?

[com1122 0]

Hello,

I am a German citizen and I was in the US on a J1 student visa back in 2010 for two semesters. I received government funding, so the two year home residency requirement rule did apply to me. After my stay in the US, I came back to Germany at the end of 2010, continued my study program and graduated in 2013. I was for two years in Germany and therefore fulfilled the two year requirement.

As far as I understand, here are the three scenarios, when the two year rule applies:

• Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
• Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;
• Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

source: http://travel.state.gov/visa/temp/types/types_1267.html#twoyear

Here is my question:

I am about to start work in Germany. My employer is an US based multinational company. For the first four months, they want to send me to the US for a trainee program. The company would cover all costs. That means they would pay for my flights, my accommodation, etc. I suppose that I would require either a "J1 trainee" or "J1 intern" visa for my four month stay. Although this time, none of the three scenarios above apply to me. The trainee program is not government funded, it is entirely funded by my employer. My home country (Germany) is also not on the "Exchange Visitor Skills List". My conclusion is: Am I correct with my assumption, that this time, the two year rule will not apply to me?

Regards

Edited June 14, 2013 by com1122

[Harpa Timsah 13,258]

My understanding is that that list is not exhaustive or that real. I have seen some that have the rule that according to that list shouldn't be subject to the rule. I would just inquire when you are at your interview. That's the only way to know for sure.

[com1122 0]

My understanding is that that list is not exhaustive or that real. I have seen some that have the rule that according to that list shouldn't be subject to the rule. I would just inquire when you are at your interview. That's the only way to know for sure.

My concern is: If I ask that question during the interview (will I be subject to the two year rule or not), they might think:

"Why is he worried about the two years? Does he secretly intent to come quickly back to the US to work on a different visa after the end of his J1 program? In that case, we should better apply the two year rule to him because ordinarily he is supposed to go home ..."

On the other hand, if I do not ask that question, they would more likely not raise such a suspicion and therefore not apply the two year rule. What do you think?

Edited June 17, 2013 by com1122

[nate21224 0]

What exactly is your intent? Why are you wondering if you will be subject to the 2YHRR? If your company is paying for everything and sending you to the USA I gurantee they want you to come back as well. Are you planning on going back to your home country?

[nate21224 0]

On the other hand, if you are just curious as to wether or not you will be allowed to visit the USA again in two years after your program expires then just ask them that. If you are planning to visit or do another J-1 based program or obtain another type of visa then, I see no problem in asking them at the interview if you will be allowed to do that. You should always be honest at interviews.

[Harpa Timsah 13,258]

I would just say that you want to keep your options open. Maybe you want to go on H1B at your company's behest in the US. Who knows. I don't think it's a suspicious question.