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If my passport is stamped with 212(e) - Two-Year Residency Requirement on the US J1 visa and I do not utilize the visa to visit the US, does the 2-year requirement still hold when I apply for H1B?

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The text of 212(e) says the restriction only applies to a person who has been “admitted” as a J1 (or who changed status to J1), so the 2-year requirement should not apply if you never used the visa and never changed status to J1. It would be a good idea to raise this point with your employer’s immigration attorney and to bring a copy of 212(e) to the visa interview in case it comes up.

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  • Thanks! Can you please specify the source too? Commented Jan 9, 2018 at 16:59
  • @DhruvKuchhal I added a link to USCIS’s copy of the INA.
    – Guan Yang
    Commented Jan 9, 2018 at 20:27

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