I am in a exchange program and I got a J-1 visa for 5 years (issue date 21 dec 2011- expiration date 19 dec 2016). Please I would like to know what does it means " BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOY APPLY" in my J-1 visa.
I may extent my application in the U.S so I also want to know if I need to get a new J-1 visa in my country.
Normally J-1 visas are subject to a requirement that the holder return to his or her home country for two years at the end of the visa period. This is the "home country physical presence requirement" and is in Section 212(e) of the Immigration and Nationality Act. The INA allows the Department of Homeland Security to waive this requirement under certain circumstances, which they have apparently done in your case.
Law Office of Keith S. Massey Jr. LLC, Lakewood, New Jersey. (732) 905-0353. http://www.masseydefense.com Answers provided for informational purposes only. None of the information contained herein is intended to create, nor creates, an attorney-client relationship, is not legal advice, and should not be used without first consulting an attorney.
To be 'not subject' is a good thing.
It means you won't be required to go home for 2 years. It also means that you could get a greencard, or H visa ... if you wish.
FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
It means that if you apply for a green card in the future, you will not be required to go back and reside in your country for you to become eligible. This is a condition for eligibility attached to most J-1 visas.
You may be able to extend your J-1 visa if you or your employer can show that the extension is necessary to complete the program. Extensions are usually handle by the State Department.
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