Repeat J1-Visa

[Guilherme Tesser 0]

Hi. I hope you're doing well!

I went to the US last year for 8 months on a J1 visa as a research scholar at the Auburn University, and I'm subject to section 212 (E). I have a proposal to return to the same University with the J1 visa, but as a specialist. I would like to know if there is a possibility for the embassy to grant me a visa? There is also a question on Form DS-160: Are you applying for the same type of VISA? (Yes or No) I'm not sure how to respond as I'm actually going with the same visa but with a different major. Please, can you help me? Thank you in advance!

[Sukie 1,464]

I can't answer your question, but I can surely say "WAR EAGLE!"

 

Best of luck with your specialty!!!

 

Sukie in NY

[jan22 3,056]

If you are subject to the INA 212e two year home residency requirement it means you cannot:

• Change status in the US to a temporary work status (H) or intracompany transfer status (L);
• Adjust status in the US to permanent resident (LPR);
• Qualify for or be issued an immigrant visa to the US; or,
• Be issued a temporary work visa (H), an intracompany transfer visa (L), or a fiancee visa (K).

If a consular officer decides you meet the qualifications for any other category of vIsa -- including another J -- the visa can be issued.   If the second J visa is approved, the rest of your home residency requirement must still be met after that program is completed.  If the second J also has a home residency requirement, the clock starts over again.  That is, the time you've spent in your home country since the first J visa would still count in meeting the two-year requirement for that visa when you returned after completing the second J program.  However, if the second J also has the two-year requirement, you will start from scratch on meeting the two-years.

 

The question about applying for the same visa is most likey to determine if you qualify for an interview waiver.  Even if someone qualifies for the waiver, a consular officer can always request to interview an applicant if they have questions.  I would suggest that an officer would certainly have a few questions about your intentions for a second J for a different program.  So, to save time -- and maybe be technically correct since it's a different J program area and, therefore, as you seem to agree, is a different kind of "J" -- I would suggest you say "no" and schedule an interview.

 

Good luck!

[Guilherme Tesser 0]

Thanks for the clarification, some people say to answer yes, because it is J -1 again, therefore, it fits the same visa category. The specialist seems to be a branch among the various possibilities within the J1 (professor, research scholar, short-term scholar, specialist). Anyway, I still have doubts, I was told about the possibility of requesting the waiver. I have a certain time to solve this (not much). Thank you again!