J1 visa rule 212(e) 2 year home residency

[RhettVoe 282]

Interesting thoughts on the J1s involving low skill level jobs and our politics...

[Gee&Cee 41]

I have a theory on the real reason behind the J-1 and I doubt it's the "brain drain" because wouldn't you think the US wants to retain brain power? Apparently not. I've met many [brazilians, primarily women] who come here with J-1 visas to work as nannies or restaurants in a "visitor exchange program". These people aren't subject to the two year rule. Scholars and graduate students (fulbright, science without borders, post-docs, and different scholarships from other countries) are. I think that its in the government's best interest to try and retain the more uneducated people because they are more likely to buy into politician's lies and that is how they win votes. The "brainers" are more likely to question and see right through lies. (For example, on facebook, one of these J-1 nanny status adjusters was posting stuff like "yeah US! We kicked Bin Laden and Sadam Hussein's ####" on 9/11. This type of mentality is exactly what the politicians want in voters.)

I have met many international students who are Fulbrighters or funded by their government who want to stay and not return to their countries because like you said, there is a huge lack of support. Also, the PhD is not as valued there. So, since they cannot stay in the US, they are choosing to go to Canada or even Europe. (In particular, I also have a Turkish colleague who will be going to Canada upon graduation.) These students also told me that the two year rule can be served by going home to visit in increments. For instance, if you go home for 2 months during the summer or 1 month during the holidays, this counts towards the two years.

Good luck!

The 2YRR is not consecutive, but cumulative. So, in theory, after the J1 program, if one has a nonimmigrant visa, one could come visit and the periods back in the home country would count towards the 2yr. I haven't personally been able to see that in the works. I couldn't get a response, based on my case, from any of the agencies involved in my program.

Sounds counter-intuitive that the US wouldn't want to retain the brain power, right? But the Fulbright Program has a big diplomatic and exchange origin/ intention. J1 visa was created to facilitate this academic exchange, via the Fulbright Program. A few years after creating the program, the 2YRR was created to avoid people from not returning to their countries. As much as it's important for intellectuals to stay in the US,when you think of the big picture, it is for them/ us to come back home and apply the knowledge we gained! So, what ends up NOT making sense is to drain this power from the home countries.

I don't know anything about J1 visas given to nannies. I thought there was a visa category for air pairs/ nannies. Either the J1 has changed a lot in recent years, or this person is clearly in violation of the visa requirements.

[Britingermany 4]

thats whats strange, I spent 3 weeks teaching US citizens... why should I lose 2 years?

[Gee&Cee 41]

thats whats strange, I spent 3 weeks teaching US citizens... why should I lose 2 years?

You don't know that yet

[Gee&Cee 41]

Hi! I'm not sure if there's a better place to post this, or if it's ok to post something like this. So, please let me know.

Anyway, I'm test driving a couple of tools to help me put our bonafide evidence together. I've just used SocialSafe (http://socialsafe.net). This is a program you download on your PC or MAC that backups your social media (Facebook, tweeter, blogs, you name it).

With the premium account (free the first month) you get to save your postings on a pdf! Get where I'm going?!!! I've just saved several years of my husband and I exchanges on Facebook! Photos and comments! I'll need to do some trimming, but it's a really easy to use gadget!

Next I'll be test driving a program that saves... wait, wait... tadaaaa... Text Messages!

[Gee&Cee 41]

Oops! Posted the above on the wrong group! Can we delete posts?

[Britingermany 4]

Just to update, had my DS2019 emailed and according to that I'm not subject to rule 212e, boxes on both DS2019's both clearly indicate not subject... huge relief...

[Merrytooth 5,748]

Just to update, had my DS2019 emailed and according to that I'm not subject to rule 212e, boxes on both DS2019's both clearly indicate not subject... huge relief...

That's great!

[Gee&Cee 41]

Just to update, had my DS2019 emailed and according to that I'm not subject to rule 212e, boxes on both DS2019's both clearly indicate not subject... huge relief...

Great news!!! Please le us know how your interview goes! My best wishes

[anusarma 0]

Interesting views on the complexity of the J1 visa. It certainly can be stressful trying to complete the process correctly. Take a look at http://www.j1visahealthinsurance.com/j-visa-the-foreign-residence-requirement-waiver/ for more info on the requirements – there are some interesting posts on this site. Good luck with your interview!

[PallasAthena 101]

We waited out the two years. Glad that's over. My husband was a Fulbrighter, too.