Two Year Rule – 212(E)

Yesterday when I got home from work I was pleased to see an express post satchel waiting for me on my bed. I ripped it open and inside was my passport with my DS-2019 form folded up and stapled to one of the pages. I flipped to the page it was stapled on, and there it was… a whole passport page dedicated to my J1 U.S. Visa. Awww, it’s so pretty. Actually, no, not really. The photo of me on it is really quite disturbing. The dude at the post office didn’t tell me when he was going to take my photo so my left eyebrow is raised and then to make matters worse, he told me to look into the wrong section of the camera, so although I am facing it front on, I am not directly looking into it. It’s definately nothing to gloat about but I love it none the less. EEEEEE!

So whilst getting so caught up in the beauty that is my U.S. visa, I failed to notice the text on my visa which read…

“Bearer is not subject to section 212(e). Two year rule does not apply.”

I originally thought the two year rule was going to apply because while filling out my DS-2019 form, I had to sign that I had read and understood the two year home country physical presence requirement rule. This rule states that “exchange residents are required to reside in their home-country for 2 years following completion of their program before they are eligible for immigrant status, temporary worker status or intracompany transferee status.” After returning home to Australia, I want to try for another visa which will allow me longer residency and entitle me to seek professional employment within the U.S., so this rule kinda made me a little upset, but in order to obtain my J1 visa, I had no choice but to agree to it.

When I eventually noticed this exemption I may have squealed just a tad. Lie. I squealed A LOT. I was beside myself with excitement and joy that the two year rule did not apply so much so that I did a little happy dance right in front of my bedroom mirror haha. I am such a loser, but an ecstatically happy loser none the less.

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