What is the J1 Visa Two-Year Rule and How Can It Be Removed?
What is the J1 Visa Two-Year Rule and How Can It Be Removed?
FRONT – February 23, 2025 / In Blogs, J1 Visa, TR
By Ergül Çeliksoy, Immigration Lawyer, CK Law Firm
One of the most frequently asked questions about the J1 visa, a type of visa my clients who want to work or study in the United States, is the two-year rule. In this article, I will attempt to answer the most frequently asked questions about the two-year rule for the J1 visa, based on dozens of files I've prepared and hundreds of clients I've interviewed. By reading this article, you'll find the answers to the following questions:
- What is a J1 Visa?
- What is the J1 Visa Two-Year Rule?
- In What Situations Does the Two-Year Rule Apply?
- Is it possible to get an exemption from the two-year rule?
- How to Waive the J1 Visa Two-Year Rule?
- Waiver Application Process
If you have any questions about the J1 visa type other than these, please remember that you can contact me via the comments section below this article, by sending me a message directly on LinkedIn, or through the website of CK Law Firm, the immigration law firm of which I am a founding partner.
What is a J1 Visa?
A J1 visa is a type of exchange visa used to participate in education, training, or cultural exchange programs in the United States. This visa type is typically issued to students, researchers, teachers, and other exchange program participants who need to spend a specific period in the United States. J1 visa holders are required to return to their home country at the end of their program. J1 visa programs are administered by the US Department of State and supported by specific sponsoring organizations.
There are three categories of J1 visa:
- J1 Trainee: Allows people with a specific university degree or expertise in a specific job to work in the United States.
- J1 Intern: For those continuing their education or who have recently graduated.
- Work and Travel (WAT): For university students in their home country who want to work and travel in the US during the summer.
- Other Categories: Teachers, camp counselors, au pairs, physicians, and secondary/primary school students can also apply.
What is the J1 Visa Two-Year Rule?
Some J1 visa holders must return to their home country or the country where they resided for the past five years after their visa expires. This is called the Two-Year Rule. It prevents them from applying for certain US immigration statuses (such as a Green Card, H1B, K1 fiancée, or L1 transfer visa) for two years.
In What Situations Does the Two-Year Rule Apply?
- U.S. or Home Government Funded Programs: If your program was funded by the US government, your home government, or an international organization.
- Skills List: If your education or experience is in a skill on the US State Department’s Skills List for your country.
- Medical Education: If you studied medicine in the US under a J1 visa.
Is it Possible to Get an Exemption from the Two-Year Rule?
Yes, in certain cases you may obtain a waiver. Conditions include:
- Government Approval: Your home government issues a No Objection Statement.
- Hardship: Proving exceptional hardship to a US citizen or Green Card holding spouse or child.
- Risk of Persecution: Proving you would face political, religious, or other persecution upon return.
How to Waive the J1 Visa Two-Year Rule?
Possible waiver types include:
- Home Government Approval (No Objection Statement)
- U.S. Government or Agency Authorization
- Family Hardship (Exceptional Hardship)
- Risk of Persecution or Oppression
- Interested Government Agency Waiver
Waiver Application Process
- Complete Form DS-3035.
- Prepare required documents for your waiver basis.
- Pay the application fee (check current amount).
- The US Department of State reviews the application; processing may take several months.
Conclusion
The two-year J1 visa rule can greatly affect your US stay and future immigration options. Review your visa documents to see if it applies to you, and plan accordingly. Contact CK Law Firm for personalized guidance.
Who is Lawyer Ergül Çeliksoy?
Dr. Ergül Çeliksoy is the founding partner of CK Law Firm and an assistant professor of law at the University of Nottingham. She holds extensive experience in US immigration law, completed a master’s in international and human rights law in 2017, and earned her doctorate in 2022. Admitted to the California Bar, Dr. Çeliksoy specializes in immigration litigation, modern slavery, and criminal justice. Her expertise strengthens CK Law Firm’s leadership in immigration law and helps clients secure legal status in the US.