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jq79258

What is the "two-year rule?"

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Answered by Harvey Specter
0 Upvotes

The "two-year rule" is the common term used for a section of U.S. immigration law which
requires many exchange visitors to return to their home countries and be physically present there
for at least two years after the conclusion of their exchange visit before they can return to the
United States under certain types of visas, specifically H-1, L-1, K-1 and immigrant visas. It is
important to note that only a preliminary finding of whether the two-year rule applies to you is
made on your DS-2019 when your J-1 visa is issued. The final decision will be made only if you
later choose to apply for an H-1, L-1, K-1, or immigrant visa.
J-1 visa holders subject to the two-year rule are not permitted to remain in the United States and
apply for an adjustment/change of status to a prohibited non immigrant status (for example, from a
J-1 visa to an H-1 visa) or to apply for legal permanent resident status (Green Card) without first
returning home for two years or obtaining an approved waiver. Whether you are subject to the two-
year rule is determined by a number of factors, including your source of funding and your
country's "Skills List."" It is not determined by the amount of time you spend in the United 
jca67893
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Written 4 years ago
 
 
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