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Immigration Issues/H1B with 2 year home requirement residence rule


Hi Annick,

I had been in the US with J1 visa which is subject to 2 year home requirement residence rule (HRR). On December, 2008, I came back to my home country and still stay there now.  Therefore, on December 2010 that requirement is clear on me.
My question is that, can I apply a H1B before finishing the HRR, says, applying H1B on June 2010 and then applying a visa on December 2010. Is it possible? Or I really need to pass 2 years before starting applying for H1B?
I am looking forward to hearing from you.
Thank in advance

Hello Chi:

The two year residency requirement requires certain J-1 exchange visitors to return to their home country for a total period of no less than two years after they have completed their J-1 program. Given that you are subject to the home residency requirement you would be ineligible for an H visa as well as permanent residency until the two year foreign residency requirement is fulfilled or waived.

To obtain a waiver for the two year foreign residency requirement, a Department of State Waiver Review Application Data Sheet must be completed and filed.

The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally.


Annick Koloko, ESQ.

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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