IFSS Tuesday Trainings

1. IFSS Tuesday Trainings 24 Month Bar on Repeat Participation & Two-Year Home Residency Requirement March 12, 2013

2. 24 Month Bar on Repeat Participation: Who Does It Pertain To? • Who Is Subject: • J-1 Research Scholars & their J-2 Dependents • J-1 Professors & their J-2 Dependents • Who Is Not Subject: • J-1 Short-Term Scholars • J-1 Specialists • J-1 Students

3. 24 Month Bar on Repeat Participation: What Does It Mean?

4. 24 Month Bar on Repeat Participation: Things to Keep in Mind • Please Mark Appropriate Box on DS-2019 Application • Please Inform IFSS if J-1 Scholar is Departing Early • 24 Month Bar starts from the end date in SEVIS • No Waiver for 24 Month Bar • Can Be Fulfilled While on Other Immigration Statuses

5. Two-Year Home Residency Requirement (212e Requirement): What Is It? • Those subject to this requirement are mandated to return to either their country of citizenship or country of last legal permanent residence for a period of two years at some point following their program completion. • Does not have to be completed all at once, can be fulfilled non-consecutively

6. Two-Year Home Residency Requirement (212e Requirement): How This Pertains To Us • If subject, an individual cannot return to the U.S. on an immigrant intent status until the 212e Requirement has been fulfilled. • Immigrant Intent Statuses: • H-1B for Temporary Workers • Legal Permanent Residency (Green Card) • However, a subjected individual can return to the U.S. on a non-immigrant intent status. • Non-Immigrant Intent Statuses: • F-1 Student • J-1 Exchange Visitor • E3 for Australians • TN for Mexicans & Canadians • B-1/B-2 for Business & Pleasure

7. Two-Year Home Residency Requirement (212e Requirement): Grounds to be Subject? • The Three Ways: • Government Financing of J-1 Program • Country of Citizenship Skills List • Educational Commission for Foreign Medical Graduates (ECFMG)

8. 1: Government Financing • If a J-1 Exchange Visitor receives direct funding through either the U.S. Federal Government or a foreign government, they will be subject. • Determination is based on the financial documentation provided in the DS-2019 application process. • UW-Madison salary/program funds & general grants are not considered U.S. Federal Government Funding

9. 2: Skills List • Every J-1 Exchange Visitor has a “Field of Specialization Code” which is based on their area of study/research • Certain countries subject their citizens to the 212e requirement if the scholar’s Field of Specialization is on that country’s “Skills List” • Skills Lists vary from country to country • Not all countries have a Skills List

10. 3: ECFMG • The ECFMG is a government program for international medical graduates looking to hands-on clinical experience in the U.S. • Any ECFMG participant is subject to the 212e requirement. • UW-Madison does not host any ECFMG graduates

11. Two-Year Home Residency Requirement (212e Requirement): Advisory Opinion • An Advisory Opinion is a request, submitted to the Department of State (DOS) by IFSS, arguing that one of our J-1 Scholars was erroneously made subject to the 212e and should subsequently be relieved of that requirement. • Processing Time: 4 – 6 Weeks • No cost to the J-1 Scholar • DOS can deny these requests, even if the ruling was originally made in error.

12. Two-Year Home Residency Requirement (212e Requirement): Waiver of the 212e • A Waiver for the 212e Requirement is available through the Department of State • Application found on DOS website • Approval process can be lengthy • $215 Processing Fee • Although IFSS does not process 212e waivers, we ask that all scholars consult our office before applying • Approved application can have unintended implications pertaining to the individual’s J-1 program.

13. Questions! • Contact Information: • Kim Maday • kmaday@ohr.wisc.edu • 608-265-5114 • Ryan Redmer • rredmer@ohr.wisc.edu • 608-262-3259