Статья объясняет, что такое «two-year rule» и как оно влияет на легальный статус иностранных студентов в США. Рассмотрены требования для соблюдения данного правила, последствия его нарушения и возможности для продления легального статуса.
Статья:
The «two-year rule» is a term commonly used in the United States immigration law that refers to a requirement that some foreign nationals must return to their home country for at least two years at the end of their academic program or training before they can apply for certain types of visas or permanent residency. This rule applies to students and scholars who come to the United States on a J-1 visa, which is a non-immigrant visa category for exchange visitors sponsored by the U.S. Department of State.
The purpose of the two-year rule is to promote international exchange and prevent the «brain drain» of talented individuals from developing countries, especially in fields such as science, technology, and medicine. By requiring participants to return to their home country for a minimum period, the U.S. hopes to ensure that these individuals contribute to their local communities and transfer their knowledge and skills to their peers.
So, what does this mean for foreign students studying in the U.S.? If you are on a J-1 visa, you must either leave the country and return to your home country for two years after completing your program or obtain a waiver of the two-year home residency requirement. Not all J-1 visa holders are subject to the two-year rule, but those who are will have it marked on their visa and in their immigration documents.
To obtain a waiver of the two-year rule, a J-1 visa holder must meet one of five conditions:
1. Obtaining a «no-objection» statement from the home country’s government: This statement confirms that the home country has no objection to the participant not returning home for two years and that the waiver will not be detrimental to the public interest or health of the home country.
2. Being granted a waiver by an interested U.S. government agency: This applies to participants who are engaged in a project or activity that is considered by the U.S. government to be in the public interest.
3. Demonstrating that the participant will face persecution in the home country based on race, religion, or political opinion.
4. Demonstrating that the participant’s spouse or child who is a U.S. citizen or permanent resident will experience extreme hardship if the participant is required to return home for two years.
5. Being sponsored by a U.S.-based program that has received funding from the U.S. government, such as the Fulbright Program.
It’s important to note that obtaining a waiver of the two-year rule can be a complex and time-consuming process, and not all waiver requests are approved. Therefore, J-1 visa holders should plan carefully and discuss their options with their program sponsors and immigration attorneys to avoid the risk of violating the law.
In summary, the two-year rule is an important requirement for some foreign students and scholars studying in the U.S. who are on a J-1 visa. While it may seem restrictive, it is designed to promote international cooperation and knowledge exchange. By understanding the rules and requirements, participants can take steps to ensure compliance and make the most of their educational and cultural experiences in the U.S.
