[Saeedi]

Hi,
I am an Iranian living in japan on college student visa. I am going to do my postdoc in the US and my postdoc is funded by an American university. If I apply for J1 visa in the US embassy in Tokyo, does two years rule home-stay apply to me. Since I am Iranian and there is no relationship between the US and Iranian governments, I am confused with this two years rule.

I very much appreciate your answers.

Saeed

[taxesforaliens]

The 2 year rule would apply, if you want to change your immigration status, from J1 to H, L,K or green card.
Not every J1 visa holder is subject to the 2 year rule. Have a look here:
http://travel.state.gov/visa/temp/types/types_1267.html
"Home country" means your last country of residence, so if you residence is in Japan and you apply for your visa from there, you would have to stay in Japan for 2 years in case you apply for a different visa. The rule does not affect your stay while on J1 visa.
The international office of the university you are planning to do your Postdoc at should also be able to give you more information.

[Saeedi]

Thanks for your answer. So, you mean the two years rule applies regardless the relationship between the US and Iranian governments.

[taxesforaliens]

The 2 year rule depends on the following:
Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

* Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
* Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;
* Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. .

[Saeedi]

Thanks a lot.