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Comment by jlees | Hacker News Reader

I didn't see this point in the article, but I might have missed it:

On a J-1 visa you may have to return to your home country for 2 years after it expires -- you can only visit on tourist/student visas in those two years, not work in the US. I was subject to this, as a UK citizen interning in Redmond between undergraduate years (in 2002), but I have not met many other J-1 holders and don't know how common it was.

http://internationalaffairs.uchicago.edu/page/j-1-status-two...

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This varies a lot depending on your exact situation. I interned in the bay area last year and it didn't apply to my case - and now I'm back on an H1 without any issues.

The 212-E 2 year home country requirement has 3 conditions [1]. Specifically, if you're interning, you do not fall under "Government funded exchange program", nor do you fall under "Graduate medical education or training". You may fall under "Specialized knowledge or skill: Skills List" but that list is on a per country basis. [2]

[1] http://travel.state.gov/visa/temp/types/types_1267.html#15

[2] http://travel.state.gov/visa/temp/types/types_4514.html

This is what is commonly known as Two Year Rule or 212(e) which is applicable to few different situations, e.g. if you get a grant from your government for your training or your profession is on your home country's skill list. It's also pretty random and I for example was stamped with the rule but many countries issues "no objection" letters which allow you to waive the requirement. Two year rule does only affect some visa types, such as H1b but not O1 or J1 visas.

Here's more information: http://www.isso.cornell.edu/academicstaff/jwaiver.php

The visa types it affects are generally those which allow immigrant intent. Non-immigrant intent visas are OK. The principle is that you're here for specialised training, and have to take the knowledge home before immigrating. But yeah, just check the small print (as with any immigration situation!).

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