Frequently Asked Questions

My passport has a stamp that mentions that the two year rule does not apply.

It is a very confusing matter indeed. The short answer is that in 90% of the cases, you can not apply for another J1 visa program with HRC International.

The two-year home-country physical presence requirement (INA 212(e) requirement), means that you cannot apply for or change your status to that of H, L, K, or immigrant lawful permanent resident (LPR) until you have returned to your home country for at least two-years or received a waiver of that requirement.  It doesn’t apply to any other non-immigrant visa that you may wish to apply for after your J-1 period has ended.  So by obtaining a waiver of that rule, it means you are now eligible to apply for one of the above mentioned immigrant or temporary work visas.  Your ability to apply for another J1 visa is dictated not by that rule but by the Department of State regulations governing the Exchange Visitor Program, which states that "Trainees are eligible for additional training programs after a period of at least two years residency outside the United States following their initial training program." 

 

The only exception on this rule is the following:

If you were classified as intern and you are currently still enrolled in an academic institution, or have graduated from such an institution in the last 12 months, you may apply for additional training after 90 days of home residency (outside the USA).


Next to these rules, you can only apply for additional training in a different department or on a higher level. This means that if you worked at the front desk, you can only go back as supervisor/manager or in another department all together. This is since you may not repeat any experiences that you gained in the USA on a second/third program. Here are a few examples.

 

department

level

new program should be

F&B

practical (i.e. host / waiter)

supervisor or (assistant) manager (i.e. restaurant supervisor or (assistant) outlet manager)

F&B

practical/supervisory
(i.e. waiter / outlet supervisor)

only management (i.e. (assistant) F&B manager)

F&B

supervisor
(i.e. restaurant or bar supervisor)

only management in a different department possible (i.e. Rooms Division or Culinary)

F&B

management

only management in a different department possible (i.e. Rooms Division or Culinary)

Rooms Division

practical (i.e. receptionist, concierge, guest service agent)

supervisor or (assistant) manager (i.e. front desk supervisor or (assistant) front desk manager

Rooms Division

practical/supervisory

(i.e. receptionist /  front desk supervisor)

only management (i.e. (assistant) Front Desk manager)

Rooms Division

supervisor
(i.e. front desk or housekeeping supervisor)

only management in a different department possible (i.e. Food and Beverage or Culinary)

Rooms Division

management

only management in a different department possible (i.e. Food and Beverage or Culinary)

Culinary

practical (i.e. commis)

supervisor or (assistant) manager (i.e. chef de partie or sous chef)

Culinary

practical/supervisor (i.e. commis / (demi) chef de partie)

culinary management (i.e. sous chef)

Culinary

supervisor

only management in a different department possible (i.e. Food and Beverage or Rooms Division)

Culinary

management

only management in a different department possible (i.e. Food and Beverage or Rooms Division)

 

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