J-1 Waiver

The J-1 visa is a non-immigrant exchange visitor visa issued by the United States to individuals participating in approved exchange programs. These programs are designed to help promote cultural exchange and provide opportunities for international participants to study, teach, conduct research, or receive training in the U.S.

After completing their J-1 program, participants are generally required to return to their home country for a period of two years before they can apply for certain immigration benefits, such as changing their status, obtaining an immigrant visa, or adjusting to permanent resident status. This requirement is known as the Two-Year Home Residency Requirement.

The J-1 Waiver allows certain individuals who are in the U.S. on a J-1 visa to waive the requirement of returning to their home country for two years after completing their program. This waiver is sought after by those who cannot fulfill this requirement, and who wish to stay in the United States for various reasons. The J-1 waiver is particularly significant in certain fields, such as rural health programs and the recruitment of J-1 physicians.

Specific Reasons for Seeking a J-1 Waiver

There are several reasons why J-1 visa holders may seek a waiver of the Two-Year Home Residency Requirement. These reasons include the following:

• No Objection Statement: If the participant’s home country government provides a No Objection Statement, stating that they have no objection to the waiver, the participant can apply for a waiver based on this statement
• Persecution: If the participant can demonstrate that they will face persecution in their home country due to race, religion, political opinion, or nationality, they may be eligible for a waiver based on persecution
• Exceptional Hardship: If the participant can prove that their departure from the U.S. would cause exceptional hardship to their U.S. citizen or permanent resident spouse or child, they may qualify for a waiver based on exceptional hardship
• Interested Government Agency (IGA) Request: If the participant’s work is considered in the public interest of the U.S., an Interested Government Agency can request a waiver on their behalf.
• Conrad State 30 Program: For J-1 physicians who have completed their medical training in the U.S., the Conrad State 30 Program allows them to apply for a waiver in exchange for working in an underserved area in the U.S. for a specific period.

Steps for Acquiring a J-1 Waiver

The process for getting a J-1 Waiver involves several steps, including the following:

• Determining Eligibility: The first step is to determine if an applicant is eligible for a waiver based on one of the applicable grounds mentioned earlier
• Choosing the Appropriate Waiver Category: Depending on the reason for seeking the waiver, an applicant will need to select the appropriate category and submit the required documents
• Filing the Application: After selecting the category, an applicant will need to complete the necessary forms and submit them to the appropriate authority, such as the U.S. Department of State or U.S. Citizenship and Immigration Services (USCIS), along with supporting documents
• Waiver Processing: The waiver application will then go through a review process, which may include interviews, document verification, and background checks, and the processing time can vary depending on the category and the workload of the reviewing authority
• Approval or Denial: Once the review process is complete, an applicant will receive a decision on their waiver application – and if approved, they can move forward with their desired immigration benefits; but if denied, they may have the option to appeal the decision or explore alternative options

The J-1 Waiver is a good option for those who wish to stay in the U.S. for various reasons. The attorneys at US-ILC can help interested applicants to understand the different grounds for seeking a waiver and determine if they qualify, as well as guide them through the J-1 Waiver process.