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Help: Error in application of J1 2yr residency requirement

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aroundtheworld
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Joined: Sat Jul 14, 2007 10:28 pm

Help: Error in application of J1 2yr residency requirement

Post by aroundtheworld » Fri Sep 07, 2007 9:56 am

My friend successfully applied for a J-1 visa and received his stamp the other day. However, the 2-year residence requirement based on the The Exchange Visitors Skills List has been applied to his case. This was a surprise to him because his country of residence is not subject to a skills list, and should not, therefore, be subject to the 2-year home residence requirement on that basis.

Furthermore, his citizenship is different from his country of permanent residence. He was born in a foreign country and has resided there ever since birth.

The following website states http://travel.state.gov/pdf/J_WaiverFAQ21-DEC-06.pdf:

'If the country of your nationality differs from the country of your last legal permanent residence at the time you obtained your J-1 status, the skills list from the country of your last permanent residence at the time you obtained your J status would apply. If both are the same, then the skills list from your country of your nationality would apply. Some countries do not have a skills list.'

Hence he should be treated as being from his country of residence rather than country to which he holds citizenship and thus should not be subject to an Exchange Visitors Skills List (because his country of residence doesn't have one). Please also note that his degree major is not listed on the Exchange Visitors Skills List for his country of citizenship either.

I would be very interested to learn if anyone else has had the 2-yr home residency restriction wrongly applied to their case? How did you go about resolving the issue?

My friend has submitted an enquiry explaining the aforementioned and he is awaiting the consular officer's response. Is it likely that they will issue a new visa or will they force him to apply for a 2-yr home residency waiver? I understand that getting a waiver is a long drawn out process that is best avoided. Is there anyway to avoid having to go through it by dealing with the local consulate rather than central authorities in the US?

Thanks in advance for sharing your experiences, suggestions and opinions.

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