If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here. 

Q - I was on J-1 visa then J-1 waiver for one year in Missouri. After that I decided to go back to the Middle East, I'm now in the UAE. However my home country is Lebanon. 

Is it really important to work in your home country for 2 years 

Can I apply for a visa and come back to the USA in 2 years? what kind of visa?  

A - Unfortunately, the rules are pretty strict about working in your home country or your last country of residence prior to coming to the US. Unless you go back to the correct location, you are barred from getting an H or L visa or getting permanent residency. You might be able to reenter the US in another visa category like an O-1 visa, but you will need to consult with your immigration lawyer to advise on the prospects for success.

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Q - I have lost my DS-2019 form and want to apply for a J-1 waiver. Is there a way to retrieve a duplicate copy of the form? I readily admit that I'm subject to the home residency requirement.  

A - Unfortunately, the State Department is very strict on the requirement to submit a copy of the DS-2019 form(s) with the J-1 waiver application. I am aware of cases, however, where a Training History Report from the program sponsor summarizing all of the major program details has been accepted.  

Note that the form is produced with four copies - one for the applicant, one for the sponsor, one for the State Department and one for USCIS. The State Department usually will not cooperate in providing a copy. USCIS will often provide the form as part of a Freedom of Information Act request, but you should expect to wait a long, long time - perhaps more than a year - for the FOIA request to be handled. So it is best to focus on finding your copy or seeing if you can get your program sponsor to find a copy.  

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Q - A while back I heard that USCIS was opening up health care worker certifications for nurses to organizations other than CGFNS. What happened?

A - A few years back, USCIS accepted applications for a few months from organizations that wanted to issue certifications to health care workers as required by the 1996 Immigration Act. No new organizations have actually been approved and the Commission on Graduates of Foreign Nursing Schools is still the only approved organization to issue health care worker certificates.

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