2 ( Two ) Year Rule
What is the Difference Between the 212(e) Rule and the J-1 Intern or Trainee 2-Year Rule?
212(e) Rule:
Unless your visa is marked otherwise you must return to your home country for 2 years before applying for any of the following visas:
- immigrant visa or permanent residence
- a nonimmigrant H visa as a temporary worker or trainee
- a nonimmigrant L visa as an intracompany transferee
- a nonimmigrant H or L visa as the spouse or minor child of a person who is a temporary worker or trainee
- an intracompany transferee
You can apply for a waiver for this rule through the US Department of State & Homeland security: http://travel.state.gov/visa/temp/info/info_1296.html
J-1 Intern/Trainee 2-Year Rule:
There is another rule that applies only to the J-1 Intern and Trainee programs. After participating in the J-1 Intern or Trainee Program you may not participate in this specific program again until 2 years has passed. The exception is participating as a J-1 Intern consecutively, if still eligible. Thus:
- J-1 Intern to J-1 Intern = OK ( if participant placed higher position) (12 months)
- J-1 Trainee to J-1 Trainee = OK ( if participant placed higher position) (18 months)
- J-1 Intern to J-1 Trainee = OK ( if participant placed higher position)
- J-1 Intern to J-1 Trainee = Must wait 2 years
- J-1 Trainee to J-1 Trainee = Must wait 2 years