What is “The Two-Year Rule?
The two year rule is a regulation of the 8(a) BD program that states that in order for business to be eligible for the program it must show revenues in the primary industry on Federal business tax returns for the previous two years. This rule may be waived for businesses that do not have two years of tax returns or businesses changing their primary industry by showing the following: A. That the disadvantaged owners and managers have substantial and demonstrated business management experience; B. The business itself has demonstrated technical expertise to carry on its business plan; C. The business has adequate capital to carry out its business plan; D. The business has a record of successful performance on contracts in the primary industry in which it is seeking certification; and E. The business has or can demonstrate its ability to obtain the necessary personnel, facilities, equipment and any other requirements needed to perform on contracts. A business that has not generated any rev
The two year rule is a regulation of the 8(a) BD program that states that in order for business to be eligible for the program it must show revenues in the primary industry on Federal business tax returns for the previous two years. This rule may be waived businesses that do not have two years of tax returns or businesses changing their primary industry by showing the following: A. That the disadvantaged owners and managers have substantial and demonstrated business management experience; B. the business itself has demonstrated technical expertise to carry on its business plan; C. the business has adequate capital to carry out its business plan; D. the business has a record of successful performance on contracts in the primary industry in which it is seeking certification; and E. the business has or can demonstrate its ability to obtain the necessary personnel, facilities, equipment and any other requirements needed to perform on contracts. A business that has not generated any revenue
“The Two-Year Rule” is the common term used for a section of immigration law which requires that many exchange visitors return to their home countries and be physically present there for at least two years after the conclusion of their exchange visit before they can be issued certain types of nonimmigrant visas, specifically H-1, L-1, K-1 and immigrant visas. It is important to note that only a preliminary finding of whether the ‘two year rule’ applies to you is made on your DS-2019 when your J-1 visa is issued. The final decision is made only when/if you choose to apply for an H-1, L-1, K-1 or Immigrant visa. Only after two years may these persons apply again for certain types of nonimmigrant visas. It is also not permitted to remain in the United States and apply for an adjustment/change of status to a prohibited nonimmigrant status (for example, J-1 to H-1) or to apply for permanent resident status (green card) without first returning home for two years, and without an approved waiv
