2 year Home residency requirement

H

hussain1982

New Member
Hi,
I need consultation on following issue,
I came to US on J-1 Student Non-Degree Catogry in march 2009. I did not recieve any support neither from my home country( Pakistan) nor from US government. Also I did not recieve any support from any international organization and I was on self funding. When I was interviewed at US embassy for visa, visa officer approved and she kept my passport for additional administrative procedure and stamped my DS-2019 and gave back to me. She did not check any column on DS-2019 regarding 2 yr HRR and after 2 weeks when I got my passport with visa stamp it was written on my visa that I m subject to rule 212(e) which means that I am subject to 2 yr rule. I assumed that may be I m subjected to this due to Skilled worker list of 1997 and my profession was present in that list.
Now yesterday I was surfing on U.S. state department website regarding application for waiver and then I came to know that Skill list was revised in june 2009 and my country has removed from that list. also its written there that
Exchange visitors whose countries were removed from the 2009 Skills List, are, retroactively, not subject to the two-year home residence requirement based on the Exchange Visitor Skills List, even if they entered the United States prior to the effective date.
So now I have a confusion. As there is no box checked by visa officer on my DS-2019 and it is mentioned on my visa stamp that I m subject to 2 yr HRR and it looks like that I was subjected to 2 yr rule due to presence of my country and my profession in that old list of 1997 coz neither I had any funding or I am a alien physcian. But according to 2009 list update now my country has removed and I do not need to get a waiver or go bak to pakistan for 2 yr.
Can any body tell me what I am thinking is right or can anyone has any information regarding that.
Any input will be highly appreciated
 
FROM: http://www.travel.state.gov/visa/temp/types/types_4514.html

Effective Date – Which Skills List Applies?

The 2009 Skills List applies to exchange visitors who receive their J-1 visa on or after June 28, 2009, and whose country is on the 2009 Skills List. Exchange visitors who entered the U.S. prior to June 28, 2009 continue to be governed by the skills list that was in effect when they received their J-1 visa. Exchange visitors whose countries were removed from the 2009 Skills List, are, retroactively, not subject to the two-year home residence requirement based on the Exchange Visitor Skills List, even if they entered the United States prior to the effective date.

BUT: Did you get your visa in Pakistan?

If the country of your nationality differs from the country of your last legal permanent residence at the time you obtain your Exchange Visitor (J-1) visa status, the Skills List from the country of your last permanent residence at the time you obtain your J visa applies to you.

It appears that you are not subject to INA 212(e) therefore, no waiver is needed. The notation on the visa in your passport is based on the 1997 list. You need to clearly articulate the situation when you apply to USCIS for any extension, change or adjustment of status.

The burden of proof for any benefit from the INA rests with the person seeking the benefit. See INA section 291.
 
Thanx big Joe for ur sharing of information. I got my visa from US conuslate in Pakistan so it looks like now that I don't need a waiver.
Thanx again
 
You can easily get an Advisory Opinion. It's a simple process, and you will find out if you are subject to HRR or not. Just check on this website https:// j1visawaiverrecommendation. state. gov/
 
As the thing is that some J exchange visitors - 1 for two years residency requirement, meaning that they do physically at least two years in their home in the United States.
 
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