The 2 year waiver should be applicable to me but now...

J

jamie79

New Member
I just need some sort of clarification. My understanding was that since I received my J1 from the UK, I should automatically get the 2 year waiver. However, because my country of origin is on the list, I just received a letter that I need to apply for a waiver from the consulate in Washington. Surely, this can't be right as I thought I already had the waiver. Can someone please shed some clarification on this?

[SOURCE] travel.state.gov/content/visas/english/study-exchange/exchange/exchange-visitor-skills-list.html

How to use this list
  • The country you select is your country of citizenship or nationality as shown in your passport, with the below exception.
  • 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.
  • When your field of knowledge or skill is displayed on your country’s skills list, the two-year foreign residence requirement applies to you.
  • In groups that list a two-digit subject description with no four-digit subgroups following, the two-digit subject description is all-inclusive.
 
It depends on your nationality, if UK is not your legal permanent residence.
What kind of status when you were in UK?
 
Hi, I was in a similar situation and thought I was exempt from the 2 year home country residency rule but found out that I was not.

I am an Indian citizen, worked in Switzerland for the past few years, and hence received J1 from there, and not India. Fortunately, I requested an 'advisory opinion' from the DOS who called me 'subject' to the rule. During the process, they asked for evidence of 'legal permanent residence' whereas my Swiss residency was B1 (annual renewable work and residency permit), and not the the 'forever and ever after' kind of residence.

Hence, make sure whether you were a 'permanent resident' of the UK or not. It may be best to request an 'advisory opinion' from the DOS, and to hear it from the horse's mouth.

All the best!
 
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