2-year HHR for Canadian permanent residents

[alk2]

Hi all,

The Section 212(e) of the Immigration and Nationality Act says that J1 holders are not allowed to apply for work visas:

“until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States”

I never returned back to my home country but instead went to Canada, where I got permanent residency 2 years ago. Does it mean that I am eligible to apply for a work visa in the US? Did anybody go through the same experience?

I would really appreciate your advice.

 

[tlkb]

Resident

I am afraid you are not exempt from the 2 year HRR and a waiver may be necessary. This applies since at the time the J-1 was issued you were not a permanent resident of Canada (I am in the same boat and I am "enduring" the waiver process). If you were a permanent resident before J-1 then it may not apply....need to check on that.

 

[tlkb]

Resident

Also check the skills list for your country unless other rules apply to you. Go to the DOS website or ask them for an advisory opinion.

 

[DaisyUSA]

Hello all!

I'm looking into the J1 visa- and people on the boards have been awesome!
So I'm a Canadian born citizen- thinking about getting a J1 to do a traineeship.

The J1 would be provided by a organization that helps Canadians get internship in the US. (My would be film + tv related, not gov. funded)
Anyways- the 2 year HHR really scares me!

However- after talking to the organization that would help me get the J1, they told me that the 2 year HHR usually does not apply to Canadians.

Can any one back this up?

Thanks!
D

 

[tlkb]

Canadian

My understanding is Canadian-born citizens are not subject to 2 year HRR assuming you have not been funded by either the US govt or Canada govt. My information is only second hand not being one. Check DOS for skills list for Canada if there is one. It should not be too hard to find a lawyer in Canada to check on this.

 

[alk2]

Thanks tlkb,

I will be eligible for a Canadian passport soon and I have never fulfilled 2 yr HHR with my home country. Will NAFTA agreement overwrite 2 yr HHR in my case?

Thanks ALL