I am currently doing clinical fellowship in surgery. I have J-1 visa that is sponsored by ECFMG. I will have one year clinical training in Canada starting in August next year. I am planning to come back to the US for another clinical fellowship. I have talked to the ECFMG previously and they told me that I can come back to the US for another fellowship using J-1 visa. Please let me know if this is true. Would that contradict the 2 years rule?Another question: Would the number of years I spend in Canada affect that? I mean if I have two years of clinical training in Canada, will I be able to get J-1 clinical visa? Thank you.
Yes, that is technically correct. If you can get another J-1 entitty to sposor you. THe 212(e) two year rule prohibits you from obtaining permanent residency or working in an H-1 visa capacity until you have wither satisfied trhe requirment by living for two years in your home country or obtained a waiver of that requirement. GOod Luck
The two year foreign residence requirement means that you must return to your country of nationality or country of last residence for two years after completing U.S training before you are eligible to apply for another nonimmigrant visa or apply to adjust to Permanent Residency. Under certain limited circumstances you may be eligible to apply for a waiver of the two-year residence requirement. Contact an experienced immigration attorney to determine if a waiver is required and whether you qualify.
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