J1 to L1 Visa

[dkumar2016]

Hello,

My friend has currently been accepted in a program that allows her to come to United States on J1 visa from Jan 2022 to May 2022. The program is neither funded by any government department nor the program is related to any medical training. She is planning to apply for L1 visa in September 2022.

Before accepting the offer for the J1 program, she wants to make sure if Two-year Home-Country Physical Presence Requirement applies in this case and if accepting the offer for this J1 visa program affects her chances to apply for L1 visa.

[pontevecchio]

"Advisory Opinions and Waivers for Section 212(e)

In many cases, it may not be clear if you are subject to Section 212(e). While your J-1 visa and Form DS-2019 may contain a preliminary determination that you are subject to the requirement, you may want to request an Advisory Opinion (AO) from the US State Department. The State Department will review copies of your J-1 requirements and determine if you are, in fact, subject to Section 212(e)."

"If you are unsure whether you are subject to Section 212(e), check your J-1 visa stamp and/or copies of your Form DS-2019. "

 

Advisory Opinions (state.gov)