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SECOND J-1 INTERN AND TRAINEE PROGRAMS

J-1 Intern Program Eligibility Rule​​​

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To be eligible for a second J-1 Internship under the Exchange Visitor Program, participants must meet the following requirements:​

  • Previous Program Completion

    • You must have successfully completed your first J-1 Internship program and maintained compliance with all program regulations, including visa requirements.

  • Required Academic Status

    • You must currently be enrolled in and pursuing studies at a degree- or certificate-granting post-secondary academic institution outside the United States.

      OR

    • You must have graduated from such an institution no more than 12 months before the start date of the new internship.

  • Field and Skill Advancement

    • The second internship must be in a different field of study or

    • If it is in the same field, it must demonstrate progressive skill development. The new internship must build on previous experience and add new skills or knowledge that contribute to your professional development.

  • Non-Duplicative Training

    • The second J-1 Internship must not duplicate the training or experience gained in your first internship program.

  • Minimum Eligibility Gaps

    • You must meet the required waiting period before beginning a second internship. Generally, this includes time to pursue studies or gain professional experience to justify a second program.

  • Program Sponsor Approval

    • Your program sponsor must evaluate and approve your eligibility based on the proposed training plan, your academic or professional background, and your ability to meet the program's goals.​

 
J-1 Trainee Program Eligibility Rule
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This is not related to the 212(e) rule. It is a program-specific eligibility requirement for J-1 trainee programs under the U.S. Department of State's regulations.​

  • If you previously completed a J-1 internship or trainee program:

    • You must reside in your home country for at least 2 years before you are eligible for a second J-1 trainee program.

 

Key Differences:

  • This rule applies to the eligibility for a specific J-1 program type (trainee programs).

  • It has nothing to do with the 212(e) rule, which restricts certain future visas or green cards.

 

Example Scenario:

  • A J-1 intern completes a 12-month internship and is not subject to 212(e).

  • They still must wait two years in their home country before they can apply for a second J-1 trainee program.

  • This waiting period is a program regulation for J-1 trainee programs, not a restriction tied to 212(e).​

212(E) Two-Year Home Residency Rule

This is a restriction for specific J-1 visa holders that applies under certain conditions (government funding, skills list, or medical training). If you are subject to 212(e):

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  • You must spend 2 years in your home country before being eligible to:

  1. Apply for an H-1B visa (specialty worker).

  2. Apply for an L visa (intra-company transfer).

  3. Apply for a green card (permanent residency).

  4. Change status to certain other visa categories (while in the U.S.).

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Important:​

  • 212(e) does not prevent you from applying for or obtaining another J-1 visa, including a second internship or trainee program.

  • If you are still subject to 212(e), you must apply for the new J-1 visa outside the U.S.; you cannot change status within the U.S.

Best Explanation

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  1. 212(e) Rule: A legal restriction that limits future visas and green cards but does not prevent you from applying for another J-1 visa.

  2. Trainee Program Eligibility Rule: A specific eligibility condition under J-1 regulations that requires a two-year home-country residence before starting a second J-1 trainee program.

  3. These are two independent rules:

    • One impacts future immigration options (212(e)).

    • The other limits program eligibility for specific J-1 trainee categories.

 

​​​By separating these rules clearly, it helps individuals understand they are not interchangeable. Even if 212(e) does not apply, the program-specific trainee eligibility may still require a two-year wait.

WAIVER OF THE REQUIREMENT

If an exchange visitor subject to this rule does not wish to fulfill the requirement, he or she may be able to obtain a waiver. If the waiver is approved, it is as if the two-year requirement never existed. More detailed information is available on DOS website at
https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/exchange-waiver-faqs.html.

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