申請綠卡...誠心請教大家意見 - 移民

: 另外,你來美國作博後,以你的背景,我不敢說100%,但95%你會subjected to 2-year rule.
: 那如果到時候要辦綠卡,還要辦waiver,

跟原po道歉,這段不完全對.
我把2-year rule的資料貼在下面給你參考...

簡單講,就是你未來的funding來源是美國政府或台灣政府,那你就會有這個限制,但以加州
來說UC學校的funding就不算.

像我自己去AIT簽J1的時候,funding source有點複雜,但他問的時候,我就說from my boss,
然後就沒有2-year rule,另外我是做PET相關的領域,但我在DS2019是講medical device
for cancer researh.面試帶去的資料,都避重就輕,沒有提到像radiation,cancer imaging
之類的詞,所以就沒有被check.所以可能你自己要想一下怎麼樣簡少被check的狀況..

The Two-Year Home Country Residence Requirement

What is the two-year home country residence requirement?

Certain J-1 Exchange Visitors and their J-2 dependents are subject to the
two-year home country residence requirement (also known as the Two-Year Home
Country Physical Presence Requirement or The Two-Year Rule) and thus are
obligated to return to their home country for at least two years before
applying for an H-1B visa or becoming a permanent resident of the U.S.

The two-year home country residence requirement is defined by Section 212(e)
of the Immigration and Naturalization Act (INA). J-1 exchange visitors "subject"
to Section 212(e) must return to their country of last legal residence for two
years or obtain a waiver of this requirement before they are eligible for an
employment visa such as H-1B Nonimmigrant Worker or Permanent Residence (Green
Card).

J-1 exchange visitors and their dependents (legal spouse and children under
age 21) in J-2 immigration status are subject if they meet at least one of the
criteria listed below.
-Home Government Funding. J-1 exchange visitors who receive funding directly
from their home country's government are subject to the two-year rule. Regional
government funding does not apply.

-U.S. Government Funding. J-1 exchange visitors who receive funding directly
from the U.S. Government are subject to the two-year rule. Funding received as
salary from University of California grants to the department are not considered
government funding for this purpose.

However, there are some exceptions which include grants that are specifically
targeted for international exchange. Fulbright funding is U.S. government
funding.

-Funding from an International Organization or Bi-National Commission. J-1
exchange visitors who receive funding from International Organizations or Bi-
National Commissions(organizations that receive their funding from government
sources), such as, United Nations,NATO, or the European Community, are subject
to the two-year rule.

-The Exchange Visitor Skills List. J-1 exchange visitors whose area of
specialization has been identified as being in short supply by her/his
government of legal permanent residence are subject to the two-year rule.
Countries and skills which are on the Skills may be found at the State
Department website at

http://exchanges.state.gov/education/jexchanges/participation/skills_list.pdf
.

-Medical Education and Training. Any J-1 exchange visitor is subject to the
two-year rule if he/she is a foreign medical graduate and came to the U.S. to
obtain graduate medical education or training.
For further information the State Department has Frequently Asked Questions
on their website at
http://travel.state.gov/visa/temp/info/info_1294.html .

Are J-2 Dependents subject to the two-year rule also?
If you are a dependent of a J-1 exchange visitor who is subject to the 212(e)
two-year home country residence requirement, you are also subject to this
requirement.

Please note that J-2 dependents must rely on the J-1 scholar to apply for a
waiver of the requirement. J-2s may not apply for the waiver separately from
the J-1.

If I am subject may I return to the U.S. within two years?

The two year rule does not prohibit a person from returning to the U.S. with
some other visas.

For example, if the visitor wishes to return as a tourist, student or on
another J-1 program and meets the requirements for those visas, the two-year
rule does not prohibit this.

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My LA Angels and Biomedical Engineering Blog

http://tunababy.wordpress.com


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