Question about the J1 visa in the United States

[ekrartona]

I recently returned to the UK after completing an exchange program in the US from the UK where I had a J1 visa as a student for 6 months (semester duration). I was now looking for an internship in the US and wondering what the process was.

I spoke to an agency that helps provide internships in the US and they told me I might have difficulty applying for another J1 visa for the internship as I was just one for the exchange. They told me about a 2 year return rule where a person on a visa must return to their home country for at least 2 years before applying for another visa to the US. https://9apps.ooo/

However, on my visa it says “THE BEARER IS NOT SUBJECT TO SECTION 212(E). THE TWO YEAR RULE DOES NOT APPLY” does this mean I can apply for another US visa at any time making this internship possible or am I wrong.

If anyone could explain this to me I would appreciate it and if I am eligible to apply for another visa, is that a reason why I am exempt from this 2 year rule? AIT.

[newacct]

There are several different rules. The INA 212(e) two-year home residency requirement is irrelevant. Even if you were subject to the INA 212(e) two-year home residency requirement, it would not affect your ability to get another J1 visa since it only prevents you from getting an H or L visa or permanent residency. However, various types of J1 also have bars to repeat participation. For J1 interns specifically, 9 FAM 402.5-6(E)(5).h(2) says:

Participants who have successfully completed an internship program and no longer meet the selection criteria for internship programs may participate in a training program after a two-year period of residency outside the United States following their internship program.

[AndyTussel]

You are likely exempt from the 2-year rule, but consult an immigration lawyer for confirmation.

The note on your visa stating "not subject to Section 212(e)" is the key. This section is what enforces the 2-year rule for certain J-1 visa holders. So, your visa itself explicitly mentions the exemption.

The agency might not be familiar with specific exemption cases, so double-check with a qualified immigration lawyer to be 100% sure. They can analyze your situation and the visa details to confirm your eligibility and guide you through the next steps.

Remember, applying for the wrong visa can lead to delays or even koowspin or echatrandom rejection. Seeking expert advice will save you time and potential complications.

Hope this helps!

[wavyman]

If you apply for the incorrect visa, you may experience delays or even be rejected out of the blue. You'll avoid problems and save time by consulting an expert.