J1 비자 2년 룰 적용시 - ASK미국

케빈 장 님 답변 [이민/비자] 답변일 2/2/2016 5:57:04 PM

안녕하세요

J1 비자의 2년 Waiver 를 신청하셔서 승인받으시는 것이, 후에 있을 이민상의 불이익은 없으시리라고 사료됩니다.

감사합니다.

케빈 장 [이민/비자]

직업 변호사

이메일 khjlawcorp@gmail.com

전화 213-221-1188

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이재욱 님 답변 [이민/비자] 답변일 2/20/2016 11:01:47 PM

(c) Waiver of the 2-Year Residency Requirement.

Section 212(e) also provides that
a) under certain circumstances
b) USCIS may waive the foreign residence obligation.

A waiver
a) of the requirement

1) can be based
a) on any of the five following reasons:

(1) Exceptional Hardship.

A claim
a) that the exchange visitor’s compliance
i) with the residence requirement

would impose exceptional hardship
i) on the applicant’s
(a) United States citizen or
(b) lawful permanent resident spouse or child
(see Chapter 45.3 of this field manual);

(2) Persecution.

A claim
a) that the exchange visitor’s compliance
i) with the residence requirement

would subject the applicant
i) to persecution
(a) on account of race, religion, or political opinion

(see Chapter 45.4 of this field manual);

(3) Interested Government Agency.

In the case of an alien
a) who did NOT come to the United States
i) as
ii) (or was NOT granted a change of nonimmigrant status to)
(a) an exchange visitor
iii) for the purpose of receiving
(a) graduate medical training,
(b) the sponsorship
(i) of an interested United States Government agency

(see Chapter 45.5 of this field manual);

(4) No Objection.

In the case of
a) an alien
i) who did NOT come to the United States
(a) as
(b) (or was NOT granted a change of nonimmigrant status to)
(i) an exchange visitor
(c) for the purpose of receiving graduate medical training,

1) a statement
a) by the government of the country
i) of the applicant’s nationality or last foreign residence
b) that it has no objection
i) to a waiver in the applicant’s case

(see Chapter 45.6 of this field manual); or

(5) Employment in a Designated Health Care Shortage Area.

In the case
a) of an alien
i) who did come to the United States
(a) as
(b) (or was granted a change of nonimmigrant status to)
(i) an exchange visitor
(c) for the purpose of receiving graduate medical training, and
ii) who will be employed
(a) in such field,

1) the foreign residence requirement may be waived
a) based on a request by
i) an interested federal government agency (federal program) or
ii) the State Department of Public Health
(a) of any state or the District of Colombia (State program).

Aliens
a) granted such waivers

1) must agree
a) to be employed
i) for three years
ii) as an H-1b temporary worker
(a) at
(i) a designated health care facility or organization or
(ii) a Federal agency involved in medical research or training,
iii) in compliance with all the requirements
(a) set forth in section 214(l) of the Act.

Since 1994,

a Graduate Medical trainee can obtain a waiver
a) under section 214(l) of the Act
i) (formerly designated as section 212(k))
b) of the 2-year requirement
c) by working for 3 years
i) at a heath facility or health care organization for 3 years

(see Chapter 45.7 of this field manual).

[이민/비자] 상담 글 질문에 공감하시면 '나도 궁금해요'버튼을 눌러주세요.

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