IFSS Tuesday Trainings

24 Month Bar on Repeat Participation &

Two-Year Home Residency Requirement

March 12, 2013

Who Is Subject:

J-1 Research Scholars & their J-2 Dependents J-1 Professors & their J-2 Dependents

Who Is Not Subject: J-1 Short-Term Scholars J-1 Specialists J-1 Students

24 Month Bar on Repeat Participation: Who Does It Pertain To?

Previous J-1 Exchange Visitor Status

Earliest Possible Date of Return as J-1 Research Scholar/Professor

J-1 Research Scholar 24 Months After Program End Date

J-1 Professor 24 Months After Program End Date

J-1 Short-Term Scholar ImmediatelyJ-2 Dependent (Research Scholar)

24 Months After J-1 Scholar’s End Date*

J-2 Dependent (Professor) 24 Months After J-1 Scholar’s End Date*

J-2 Dependent (Short-Term Scholar)

Immediately

* A J-2 dependent can change to a J-1 Research Scholar/Professor if the J-1 Exchange Visitor’s Research Scholar/Professor program has not yet ended.

24 Month Bar on Repeat Participation: What Does It Mean?

Please Mark Appropriate Box on

DS-2019 Application Please Inform IFSS if J-1 Scholar is Departing Early

24 Month Bar starts from the end date in SEVIS No Waiver for 24 Month Bar Can Be Fulfilled While on Other Immigration

Statuses

24 Month Bar on Repeat Participation: Things to Keep in Mind

Those subject to this requirement are

mandated to return to either their country of citizenship or country of last legal permanent residence for a period of two years at some point following their program completion. Does not have to be completed all at once, can

be fulfilled non-consecutively

Two-Year Home Residency Requirement (212e Requirement): What Is It?

If subject, an individual cannot return to the U.S. on an

immigrant intent status until the 212e Requirement has been fulfilled. Immigrant Intent Statuses:

H-1B for Temporary Workers Legal Permanent Residency (Green Card)

However, a subjected individual can return to the U.S. on a non-immigrant intent status. Non-Immigrant Intent Statuses:

F-1 Student J-1 Exchange Visitor E3 for Australians TN for Mexicans & Canadians B-1/B-2 for Business & Pleasure

Two-Year Home Residency Requirement (212e Requirement): How This Pertains

To Us

The Three Ways:

Government Financing of J-1 Program Country of Citizenship Skills List Educational Commission for Foreign Medical

Graduates (ECFMG)

Two-Year Home Residency Requirement (212e Requirement): Grounds to be

Subject?

If a J-1 Exchange Visitor receives direct

funding through either the U.S. Federal Government or a foreign government, they will be subject. Determination is based on the financial

documentation provided in the DS-2019 application process.

UW-Madison salary/program funds & general grants are not considered U.S. Federal Government Funding

1: Government Financing

Every J-1 Exchange Visitor has a “Field of

Specialization Code” which is based on their area of study/research

Certain countries subject their citizens to the 212e requirement if the scholar’s Field of Specialization is on that country’s “Skills List”

Skills Lists vary from country to country Not all countries have a Skills List

2: Skills List

The ECFMG is a government program for

international medical graduates looking to hands-on clinical experience in the U.S. Any ECFMG participant is subject to the 212e

requirement. UW-Madison does not host any ECFMG

graduates

3: ECFMG

An Advisory Opinion is a request, submitted to

the Department of State (DOS) by IFSS, arguing that one of our J-1 Scholars was erroneously made subject to the 212e and should subsequently be relieved of that requirement. Processing Time: 4 – 6 Weeks No cost to the J-1 Scholar DOS can deny these requests, even if the ruling

was originally made in error.

Two-Year Home Residency Requirement (212e Requirement): Advisory Opinion

A Waiver for the 212e Requirement is available

through the Department of State Application found on DOS website Approval process can be lengthy $215 Processing Fee

Although IFSS does not process 212e waivers, we ask that all scholars consult our office before applying Approved application can have unintended

implications pertaining to the individual’s J-1 program.

Two-Year Home Residency Requirement (212e Requirement): Waiver of the

212e

Contact Information:

Kim Maday kmaday@ohr.wisc.edu 608-265-5114

Ryan Redmer rredmer@ohr.wisc.edu 608-262-3259

Questions!