Section 212(E)

[April21]

Hi,

I am an Indian working in USA on J1 visa in a university. My J1 visa states -Bearer is not subject to section 212(E).

What does it mean- do I still need to apply for a visa waiver towards the home country residency.

Are J1s more than one kind, where some are subjected to the home country physical presence rule and others are exempted from this rule.

Please advice about the same..

thanks

[pontevecchio]

Yes. All J1 positions are not subject to the HRR. You need to consult a Lawyer as to whether an advisory opinion is needed from the State Department or not.

[jairichi]

Hi,

I am an Indian working in USA on J1 visa in a university. My J1 visa states -Bearer is not subject to section 212(E).

What does it mean- do I still need to apply for a visa waiver towards the home country residency.

Are J1s more than one kind, where some are subjected to the home country physical presence rule and others are exempted from this rule.

Please advice about the same..

thanks

Yes, some are subject to 221(E) and some are not. Even though it is mentioned you are not subject to it is always better to take an advisory opinion for DOS

[angelcaido]

You're only subject if you:

 

1) Received funding from your government, the US Government, or an international organization that gets money from governments. The funds need to have been earmarked for educational exchange. If your funds were all private, then you shouldn't be subject because of this.

 

2) Your field of study appears in the skill's list for your country.

 

3) You are a medical doctor that receiving training in the US. 

 

What does your DS-2019 say? Note that visa and DS-2019 annotations are sometimes wrong and are not legally binding in any case. If in doubt, ask for an advisory opinion to the DoS (it's free).