How can I get my 2-year foreign residency requirement for my J-1 waived? – ClearTips
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I am entering my second year in the US under a five-year J-1 research visa from Italy. When we arrived we thought it would be temporary, but our plans have changed and now we want to try to stay in the US. My husband started his company here on his J-2 visa work permit and our daughter was born here. However, we are going to return to Italy for two years. How can we get the 212 (E) discount?
-Posible in Palo Alto
Congratulations on your achievements – the birth of your daughter, your research position and your husband’s startup. Happy to share about the J-1 visa, a two-year home residency requirement (part of a law called “212 (e)”) and obtaining an exemption so you can look for a green card or other type of visa Can. For more background, check out my podcast on the two-year foreign residency requirement and file a waiver and last week’s Dear Sophie column with an overview of the types of J-1 visas. The earlier you start preparing your exemption application, the better.
The J-1 Educational and Cultural Exchange Visa is for people from all over the world to work or study in the US and then take their newly acquired knowledge and skills back to their home country. Given that if you decide after your arrival to stay in the US for a long time, it is not a straight path. I recommend working with an experienced immigration lawyer to work out a strategy to reach your goals beyond getting a waiver. I suggest talking to your employer to see if they can sponsor you for a green card later.