Know When 212 (e) Has Been Applied

When Eduardo came to the United States from Peru, you expected him to complete an 18 month management training program at your company and then return to your Peru branch for a management position. Now Eduardo is nearing the end of his program and the position in Peru has been filled. Also, he is currently being trained on a project that has been extended due to incredible success. Eduardo is very talented and you would prefer to keep him on in the U.S. You now need to know if he is subject to rule 212 (e) which would require him to return home.

You can see whether or not your J-1 participant is subject to rule 212(e) on the DS-2019. At the bottom of the front page of the DS-2019, the consulate will have marked box number 2 next to "Subject to the two-year residence requirement based on:" if the participant is subject to the rule. This information will also be stamped on his/her J-1 visa.

If you found that the participant is subject to the rule and have come to the conclusion with your immigration counsel that the rule was applied erroneously, we cannot provide much assistance to you. As a J-1 sponsor, we expect that your J-1 participant will leave the United States following the completion of the program and in doing so, fulfill the purpose of the J-1 visa(cultural and educational exchange). The best we can do is provide a letter confirming that your participant has completed the program or is currently active.

Click here for more information on the two-year residence requirement, rule 212(e), and see my blog post on repeating the J-1 program for specific information regarding the J-1 trainee and intern programs.