How can I get my 2-year foreign residency requirement for my J-1 waived? – ClearTips

How can I get my 2-year foreign residency requirement for my J-1 waived? – ClearTips

Here is another version “Dear Sophie,” an advice column that answers immigration-related questions about working in technology companies.

Silicon Valley immigration attorney Sophie Alcorn says, “Your questions are critical to the spread of knowledge that allows people worldwide to rise above boundaries and chase their dreams.” “Whether you guys are in ops, a founder or looking for a job in Silicon Valley, I would love to answer your questions in my next column.”

The “Dear Sophie” columns are accessible to additional crunch customers; Use the promo code ALCORN to purchase a one- or two-year subscription for a discount of 50%.


Dear Sophie:

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

Dear positive:

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.

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