How Do I Know if I'm Eligible for This 2-Year Rule?
If you are already in the United States on a J-1 visa, you will need to check your visa status. If you see the inscription "Bearer is not subject to section 212(e), 2-year rule does not apply," that means you are not subject to this rule.
In Which Case Does the Rule Apply?
If you are not yet on a J-1 visa, you will be subject to this rule if a government agency funds your exchange visitor program, or if your country and your field of activity are on the list concerned by this rule.
If a government agency funds your program, you will be subject to the 2-year rule. If your country is not listed and your program is not funded by a government agency, you will not be subject to the 2-year rule.
If your country is listed, check whether your field is also listed, as this may vary by country. If your field is listed, you will be subject to this rule. If it is not, and your program is also not government-funded, you will not be subject to this rule.
The 2-Year Rule Waiver
If you are subject to the 2-year rule, there is a possibility of waiving it. However, this is only possible if you meet very specific criteria.