Jump to content

3 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Russia
Timeline
Posted

This seems to touch on this subject.

 

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

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Timeline
Posted

(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).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...