Section 212 E

If subject a j visa holder will have to physically reside within their last country of legal permanent residence for two years before s he may return to the u s.

Section 212 e. I was unlawfully present in the united states for a period of more than 180 days but less than 1 year voluntarily departed the united states whether or not pursuant to section 1254a e 3 of this title prior to the commencement of proceedings under section 1225 b 1 of this title or section 1229a of this title and again seeks admission. This requirement is part of u s. Immigration and nationality act.

Section 212 e is a lifetime requirement in that it applies to you until the requirement is either fulfilled or waived. Law in the immigration and nationality act section 212 e. For example if you were a j 1 student subject to the requirement but then left and immediately returned to the us using another type of visa such as an f 1 student visa the requirement would still apply to you even after.

Pursuant to federal regulations all applications and petitions filed with uscis must be properly completed submitted and executed in accordance with the applicable form instructions. As established by section 212 e of the immigration and nationality act certain j 1 visa holders are required to return to their home country for two years upon completion of their j 1 program. Department of state can determine if a j 1 and or j 2 is subject to the 212 e.

The purpose of this requirement is to ensure that certain j 1 exchange visitors fulfill the exchange nature of their program and share the knowledge. This requirement is commonly referred to as 212 e. Persons to whom the rule applies are referred to as being subject to 212 e.

This requirement under immigration law is based on section 212 e of the immigration and nationality act. If you cannot return home for two years you must apply for a waiver. No person admitted under section 101 a 15 j 8 usc 1101 a 15 j or acquiring such status after admission i whose participation in the program for which he came to the united s tates was financed in whole or.

As an h 1b visa. Two year home country physical presence requirement conditions an exchange visitor is subject to the two year home country physical presence requirement if the following conditions exist. This is known as the two year home country physical presence requirement under section 212 e of the u s.