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I am currently living in the US on a TN status while my financé is still living in Canada. We are both Canadian citizens. She is looking at taking an internship in the US that would grant her a J-1 visa. But looking into it, it looks like after the J-1 visa expires she is required to leave the US and not return for two years.

Is this really the case for Canadian citizens? When she gets a TD status, will she still be required to remain outside the US until that two-year period has passed?

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The 2-year requirement in INA 212(e) only applies to immigrant visas and H and L nonimmigrant visas. It does not apply to TN and TD.

The Foreign Affairs Manual explicitly confirms this for TN/TD in 9 FAM 402.17-11.

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  • Cool, this sounds like it also doesn't apply to a B2 visitor's visa. Thanks!
    – Godwin
    Commented Mar 12, 2015 at 21:03

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