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aventura900

With J-1, is the two year home country requirement exist for a UK doctor?

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Filed: Citizen (apr) Country: Russia
Timeline

This seems to touch on this subject.

 

https://www.globalinternships.com/post/j1-visa-2-year-rule

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Filed: Timeline

(The following is not only for the OP but also any others who might have questions about the two-year home residency requirement.  Hope it helps clear up questions).

 

There are three ways you can be subject to the two-year home residency requiremment:

  • Government funded exchange program (funded by either the US or J1's country of nationality or last permanent residency);
  • Graduate medical education or training (J1 entered US to receive such education or training);
  • Specialized knowledge or skill (J1 is a national or permanent resident of a country that has listed the J1's specialized knowledge/skill area necessary to the development of the country, as listed on the Exchange Visitors Skill List (EVSL)).

See "Two-Year Home-Country Physical Presence Requirement" section at https://travel.state.gov/content/travel/en/us-visas/study/exchange.html.

 

The first two areas listed above apply to all J1 vIsa holders.  The Exchange Visitors Skill List (EVSL) -- that may apply based on specialized knowledge by nationality or permanent residency -- can be accessed at: https://www.federalregister.gov/documents/2009/04/30/E9-9657/2009-revised-exchange-visitor-skills-list. The EVSL is a list of specialized knowledge skill areas organized into general groups.  (Health professions, for example, are Group 51 and Medical Residency Programs are Group 60).  Following Group 60 -- the last skill group listed -- there is an alphabetical list of countries that show which of the EVSL skill code groups or individual skill codes apply to that country.  The list of all the countries with EVSL areas specified by that country is found at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html.

If your country is not on this list, you do not have to even look at the EVSL to see if your area is included, so check this list first and save some time if your country is not listed!

 

OP:  With the information you provIded, it cannot be determined whether "my country and profession" would make you subject to the two-year residency requirement. I assume when you said you are a "doctor in the UK" that you are likely a UK citizen.  However, if you are some other nationality living and practicing in the UK, you can only use the UK as your "home country" for J1 purposes if it is your permanent residence (i.e., you have ILR).  Otherwise you need to use your country of last permanent residency -- usually your country of nationality. 

 

You did not indicate the likely funding source for a J1 program. If it is government funded -- in whole or in part -- as indicated in the first criteria that apply to all J-1 Visa holders, you would be subject to the two-year residency requirement.

 

You also do not specify what the purpose of your J1 visa entry would be. If it is for additional graduate level medical studies, then you would, in fact, be subject to the two-year residency requirement, as it falls under the second general area that applies to all J1s. If it is some other medical area, such as research, it may not automatically subject you to the two-year requirement.

 

Finally, if you are a UK citizen or have ILR in the UK, there are no specialized knowledge areas that would make you subject to the two-year residency requirement. If you are not a UK citizen or do not have ILR, you would need to check the list for your home country's nationality.  (Note: Most countries on the list do, in fact, include Group 51 and 60 on their country-specific lists).

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