If you have previously participated in a J-1 Intern/Trainee program, you are subject to rules regarding repeat programs.
See Below for the rules based on your current status and situation | |
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You completed a program as an Intern and you still qualify as an Intern *To qualify as an intern you must be in full time education or starting your program in the USA within 12 months of graduating |
90 days required by CIEE if intending to return to the same Host Organization. If you are currently a full time student the recommendation is you return to your home country for a minimum of 1 semester of full time study/ attending classes as a full time student |
You completed a program as an Intern and you now qualify as a Trainee *An example of this would be where you started your previous program while qualifying as an intern but now are more than 12 months out of univerisity/ graduation date |
2 years wait between the expiry of your previous visa and the commencement of a new program |
You completed a previous program as a Trainee and you wish to do another Trainee program | 2 years wait between the expiry of your previous visa and the commencement of a new program |
You completed a program as a Trainee and you now qualify as an Intern *If you have returned to full time study since your previous J1 Trainee Program |
90 days required by CIEE if intending to return to the same Host Organization |
Does it Apply to you?
There's a lot of confusion over this rule.
Almost all of the time a J1 Exchange visitor will not be subject to this rule - you can check however by looking at the bottom off your previous DS-2019 to see if the consular officer has ticked the box.
The 212(e) rule is DIFFERENT however from the repeater rules above - just because you are not subject to the 212(e) rule does NOT mean the above rules don't apply!
You may be subject to the U.S. government’s home country physical presence requirement (section 212(e) of the U.S. Immigration & Nationality Act). This requires participants to return to their home country for a minimum of two years before returning to the U.S. on certain types of visas. (H, K, L and legal permanent resident) though usually not another J-1 visa. If you are subject to 212(e) it is advisable to contact the embassy to confirm your eligibility for another J-1 visa program.
Participants are typically subject to the requirement because of one of the following reasons:
This requirement is applied at the sole discretion of the Consular Officer performing your visa interview. They will mark it on your J-1 Visa and DS-2019. They should also inform you of the reason why you are subject to the requirement. For more information see here.
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