Waiving the J-1 Two-Year Home Residency Requirement
We can help you navigate the process of applying for a waiver of the two-year home residency requirement for a J-1 Visa.
Schedule a consultation with one of our immigration attorneys.
What is the J-1 Exchange Visitor Visa?
A J1 visa is an exchange visitor non-immigrant visa classification. This visa is for individuals who have been approved to participate in exchange visitor programs that are work and study-based. Because participants in these exchange programs are critical to the success of the program, a J1 visa is available.
An exchange visitor visa, or a J-1 Visa, is available for those individuals who intend to participate in an approved exchange program. The individual may participate in the exchange program for various purposes, including:
-Teaching, instructing, or lecturing;
-Studying, observing, or conducting research;
-Consulting, or demonstrating special skills;
-Receiving training; or
-Receiving graduate medical training or education.
What is the J-1 Two-Year Home Residency Requirement?
Nationals of certain countries who will be obtaining training in areas listed on the Department of State’s “skills list” are not allowed to change to any other nonimmigrant status in the US or immigrate to the United States until they have returned to their home country for two years. Those who are subject to the requirement must either abide by it or, if eligible, apply for a J-1 waiver.
Is there a way to waive the home residency requirement?
A J-1 visa holder may obtain a waiver of the two-year home residence requirement; however, these waivers are not always easy to obtain. The waiver includes the following:
-A “no objection” letter may be provided by the government of the applicant’s home country which states that the government does not object to the waiver request of the applicant.
-The applicant may request a waiver if they can prove that upon the applicant’s return, he or she will be subjected to persecution on account of their race, religion, or political opinion.
-The applicant may request a waiver based on a showing of hardship that the spouse or child (must be U.S. citizen or Permanent Resident) will endure as a result of the applicant being subject to the two-year requirement.
J-1 Waiver:
Some people in the United States on a J-1 Visa are required to return to their home country for two years once their visa expires.
But what if they met someone while here and want to get married? What if they have an opportunity to do important work in the United States? What if they will face persecution upon return?
That’s where the J-1 Waiver comes in. The waiver allows you to stay in the United States without satisfying the two-year home residency requirement.
Do you need help waiving the two-year residence requirement for your J-1 visa?
Let our experienced immigration attorneys guide you through the J-1 waiver process.
-The Interested Government Agency (IGA) may request that the requirement be waived for the applicant if the applicant agrees to certain employment stipulations.
-The State Department of Health (Conrad 30) program also allows for up to 30 foreign physicians to be sponsored for a waiver so long as they commit to working in an underserved area for a minimum period of 3 years.
Frequently Asked Questions
The process for applying for a J-1 waiver depends on the basis for the waiver. Generally, applicants must submit Form DS-3035 (J-1 Visa Waiver Recommendation Application) to the U.S. Department of State’s Waiver Review Division (WRD) and may also need to submit additional documentation depending on the waiver basis.
Yes, exchange visitors can apply for a J-1 waiver before completing their J-1 program. However, certain waiver bases may require the completion of the program before a final decision is made on the waiver application.
Yes, individuals who obtain a J-1 waiver may be eligible to apply for permanent residency (green card) in the United States through employment-based or family-based immigration pathways, provided they meet the eligibility criteria and requirements for the desired immigrant visa category.
We’re here to help you navigate the waiver process with experience and compassion.
