How to Know if You Are Finished With J1 Waiver

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What is a J1 Waiver?

Many J1 exchange visa holders who complete their programs in the U.s.a., might want to change their status to a temporary worker status such as the H-1B or L-i nonimmigrant status or into a Lawful Permanent Resident (LPR) status while in the United States...

Or in some cases, after the completion of their J1 exchange program, they might want to obtain an H-1B or L-i work visa or an immigrant visa while outside the United States.

But unfortunately for some J1 commutation nonimmigrants, this would non be possible unless they tin can obtain what is chosen a J1 waiver.

This J1 waiver is a document issued by the United States Department of Homeland Security that removes the requirement for certain J1 nonimmigrants (and their J2 dependents) to return to their state for a minimum of ii years upon the completion of their J1 exchange visa program in the Us.

This restriction is called the home country presence requirement or home residency requirement and is defined in U.s. immigration police force, specifically in section 212(e) of the Clearing and Nationality Human action. It is sometimes called Section 212(e) in legal jargon.

Without obtaining a J1 waiver, the J1 nonimmigrant (and whatsoever J2 dependents) would take to fulfill the 2-year home state presence requirement earlier they can enter the United States on an H, 50 or Permanent Residency Us visa.

Yet, a J1 exchange company who is subject to the ii-yr home residency requirement may modify their condition or utilize for a new visa in whatever other nonimmigrant visa categories other than the H or L class visas.

Why is there a 2-Year Dwelling Residency Requirement for J1 Exchange Visas?

To understand why the two-year home country residency requirement exists on the J1 visa and not on other Us nonimmigrant visa classes, you must understand the purpose of the J1 substitution visa program.

You see, the J1 commutation program was created to allow strange nationals to come to the US to engage in a specific activeness and then return to their dwelling house state to share their knowledge of said activity with their country people immediately after the completion of the activity.

Hence the word "exchange" in J1 exchange visa.

Therefore, the purpose of the substitution program would not exist effective if all J1 nonimmigrants were allowed to remain in the United States after the completion of the J1 commutation program by changing their status.

However, not all exchange visitor programs are subject to this 2-year residency requirement.

Are You Discipline to the 2-Year Home State Residency Requirement?

Whether yous are bailiwick to the 2-year domicile state residency requirement would depend on the conditions for which your J1 exchange visa was granted by your program sponsor.

Usually, a J1 commutation company will be subject to the dwelling country residency requirement if their program is.

• Government funded - whether partially or fully past the United states government or the visitor's home country
• Involves medical training
• Involves specialized knowledge, as could be found on the Exchange Visitor Skill List, that'south needed for the development of the J1 visitor's home country

This 2-year dwelling country residency requirement is described in detail on the 2d page of the Grade DS-2019. If yous are subject to the 2-year residence requirement, you would find this on page ane of the DS-2019.

The 2 year home residency requirement could be found on page i of the DS-2019

Then, it is especially important to empathise the implications of this restriction, if it applies to you, earlier signing the DS-2019 and applying for a J1 visa to enter the U.s.a..

If yous are not sure that this restriction applies to yous, you can request that an Advisory Opinion be conducted by the U.s. Department of State's (DOS) Waiver Review Partition.

During the Advisory Opinion, your J1 exchange visitor program documents will be reviewed to make up one's mind if y'all are subject field to the 2-year abode country presence requirement.

You can learn how to request an Advisory Stance on the Us Department of Country website.

Typical processing times for a asking for an Informational Opinion takes between four to viii weeks.

J1 Waiver Eligibility Criteria

Certain J1 substitution visitors who are subject to the 2 year home country presence requirement could obtain the J1 waiver if they come across any one of the five qualifying weather for a J1 waiver based on The states immigration police force.

If a J1 commutation visitor is eligible for a J1 waiver under more than ane ground, he or she can but request a J1 waiver for one qualifying condition at a time.

one. J1 visa waiver for demonstrating due eastxceptional hardship to a Usa denizen or Lawful Permanent Resident spouse or child acquired by your departure from the U.s..

If y'all, the J1 exchange visitor, can demonstrate that your deviation from the US would cause exceptional hardship to your United states of america citizen or Lawful Permanent Resident spouse or child, then yous may use for a J1 visa waiver of your two-year home residency requirement.

Note that physical separation from your family lonely does non encounter the qualification for exceptional hardship.

2. J1 waiver for reasons of persecution upon returning to your habitation land

If you believe that y'all will be persecuted upon render to your home country considering of your race, faith, or political opinion, you can apply for a J1 visa waiver.

3. J1 visa waiver for i nterest from a United states federal government agency that deems your stay in the United states of america to exist in the public interest

If you are working on a project for, or a projection that is of interest to a U.s.a. Federal Government bureau, and that bureau determines that your contribution and stay in the United States is vital to one of its programs, you may use for a J1 waiver.

iv. J1 waiver for a No Objection Argument that is sent directly to the United states Department of Country by your domicile land'south Embassy in Washington, DC.

This No Objection statement must country that your home country has no objection to you lot non returning to your habitation country to satisfy the 2-yr foreign residence requirement AND that y'all may remain in the Usa if y'all choose to.

Without a no objection statement, you must satisfy the two-yr foreign residence requirement of Section 212(east) of the Immigration and Nationality Human action by returning to your home country.

5. J1 visa waiver for an alien physician who will be working for a Us State Health agency in an under-served area

If yous are a foreign medical school graduate, who has an offering of total-time employment at a US State health intendance facility and are working in an area experiencing a designated shortage of health care professionals, you lot may be eligible to utilise for a J1 visa waiver.

To fully qualify for a waiver on this basis, you must agree to begin employment at the health intendance facility within 90 days of receiving the waiver and sign a contract to proceed to work at the facility full time for no less than iii years.

Note: The constabulary permits simply medical doctors to apply for a waiver on this ground. Still, if the commutation company's government funded their program, the J1 exchange visitor must also request a "no objection" statement from the land to which they are otherwise obligated to render.

Given the complications of demonstrating your eligibility for a J1 waiver, nosotros highly recommend you seek the counseling of an experienced clearing attorney when requesting a J1 visa waiver.

How to Apply for a J1 Waiver

In one case yous make up one's mind that you lot meet any one of the 5 qualifying basis for a J1 waiver, you tin can begin your J1 waiver application.

Note that the approval process for your J1 waiver involves multiple authorities agencies and at that place is no guarantee that your J1 waiver application will be approved.

We highly recommend you seek the counseling of an experienced immigration chaser for legal assist through every stride of the waiver process. If you need help with your immigration case, you lot can chat with an online immigration attorney 24/vii through JustAnswer.com

Here are the full general steps to follow when applying for a J1 waiver

1. Consummate the online J1 Visa Waiver recommendation awarding (Grade DS-3035)

A completed online Course DS-3035 is the only acceptable format of the J1 waiver application form. This form should not be printed out and completed by mitt. Instead, it must exist completed online.

When completing the online Grade DS-3035, y'all will be providing data including:

• Your biographical information - proper noun, gender, date and place of birth, and citizenship
• Your ground for applying for the J1 waiver from one of the 5 J1 visa waiver eligibility criteria
• A statement of reason, explaining why you lot desire to remain in the United states of america
• Current address, contact information, and your most recent United states address
• Information nearly whatsoever attorney or representative assisting you lot with the J1 visa waiver process
• Details nigh your J1 exchange program such equally your SEVIS number, J1 program start and end dates
• Information about your J1 visa
• Details of any J2 dependents if there are whatsoever

While the Form DS-3035 must exist completed online, information technology currently cannot be submitted electronically.

Provide an example snapshot of what a completed form looks similar

One time completed online, a 7-digit example number and a bar-coded PDF document of your compiled J1 waiver application volition be generated.

This PDF document will also include a checklist describing how y'all should organize the pages of your J1 visa waiver awarding packet, as well as any other documents you must provide to back up your application.

Case of checklist generated for a J1 waiver applying under a No Objection basis

Yous should read this checklist thoroughly.

On this generated document, yous volition find the verbal locations where you must postal service your application packet to. These locations volition depend on the J1 waiver footing you selected during the application process.

Example barcoded page generated subsequently completing online DS-3035

You lot must download, impress, and sign this bar-coded PDF certificate in black ink and be prepared to follow the instructions on the checklist page when mailing your application to the US Department of State.

2. Postal service in completed DS-3035 with application fee

In improver to your completed and signed Course DS-3035, y'all will also include a $120 not-refundable application fee. Y'all can find the updated application fee at any bespeak in the future on the United states Department of Country website.

The non-refundable application fee should be sent in the form a cashier's cheque or money social club in US currency and fatigued from a US bank.

Notation that if the US Department of Land receives an incomplete or an incorrectly formatted DS-3035, your application might exist rejected, and you volition not receive a refund of your awarding fee.

Some other documents you lot volition include in your awarding package are.

• Copies of all Forms DS-2019 (formerly known equally IAP-66) that you have received
• Copies of your passport biographical folio and those of your J2 dependents if any
• 2 self-addressed, stamped envelopes
• Any additional pages you need to fully reply to any questions in the Form DS-3035

Once you take assembled your application parcel, you should follow the instructions on the checklist folio that states where your DS-3035 and other boosted pages or forms must be sent.

For example, at the time of writing this web log post, a J1 waiver bidder applying under the No Objection basis would submit the DS-3035 by Postal Service to:

(For Mail service Delivery)
Department of State J-one Waiver
P.O. Box 979037
St. Louis, MO 63197-9000

(For Courier Service Delivery)
Department of Country J-ane Waiver
P.O. Box 979037
1005 Convention Plaza
St. Louis, MO 63101-1200

This J1 waiver bidder applying on the basis of No Objection volition also mail a 3rd-Party Barcode page to his or her home land'south Embassy.

The J1 applicant'due south Embassy will so return this Tertiary-Party Barcode page alongside the No Objection argument to the U.s.a. Department of Land.

three. Provide supporting documents for your J1 waiver ground

After mailing your J1 waiver application packet, the supporting document(s) proving that you are eligible for a J1 waiver must be received by the United states Department of State's Waiver Review Division.

These supporting documents would depend on the basis for which you are requesting a waiver every bit discussed below:

1.  Exceptional Hardship to a Us Citizen or LPR spouse or child - You must submit Form I-612 to the U.S. Citizenship and Immigration Services (USCIS). USCIS will and so forward its decision to the Waiver Review Division.
2. Persecution - If applying nether the footing of persecution, you must submit Form I-612 to USCIS who volition then frontward its decision to the Waiver Review Sectionalisation.
3. Involvement from a US Federal Government Agency - The US federal bureau must provide a letter of the alphabet explaining why it is in the public interest of the U.s. that you remain in the US. This letter should be signed past the head of the agency, or his or her representative, and must exist sent straight to the Waiver Review Sectionalization along with copies of all DS-2019 forms, your curriculum vitae, and a certification statement signed and date by you.
4. No Objection Statement - Your home country's Diplomatic mission in Washington, DC must issue the No Objection Argument and ship it directly to the Waiver Review Division.
5. Alien Physician working for a US State Wellness Bureau - A letter from the land health agency stating that it is in the public involvement of the United States that your two-year home residency requirement exist waived. The State Health agency must send this letter along with copies of all your DS-2019 forms and your curriculum vitae straight to the Waiver Review Sectionalization.

You lot should ensure that these supporting documents are sent past the appropriate third party or regime agency in a timely manner, as the Waiver Review Partition will not follow upward on any missing supporting documents that are required for your application.

In one case these supporting documents are received by the Waiver Review Division, your J1 waiver application will be completed.

How to Check the Status of My J1 Waiver Application?

You tin bank check the status of your submitted J1 waiver application on the J Visa Waiver Condition webpage.

You will need your vii-digit case number to check the status of your application.

The condition check system will provide you with up-to-engagement information nigh your J1 waiver request.

It volition indicate if the US Section of Country has received your DS-3035 online application and fee payment, too equally any supporting document needed for your awarding.

The system will likewise inform you if any documents have been requested or sent by the Waiver Review Sectionalisation.

You should allow approximately 1 month afterward submitting a complete awarding before checking your status.

If later on reviewing your case on this system, you have whatsoever further questions regarding your case, you lot should contact the Public Inquiries Segmentation at 212ewaiver@land.gov .

How Long Does It Have to Get a J1 Visa Waiver?

The processing times for your waiver asking volition depend on the basis nether which you lot asking a J1 visa waiver. According to the Department of Country website, here are the estimated processing times for the J1 waiver.

J1 Waiver Ground	Estimated Processing Time
Infrequent Hardship	16 - 24 weeks
Persecution	12 - 16 weeks
Interested US Federal Agency	8 - 12 weeks
No Objection Statement	12 - 16 weeks
Alien Physician Working for US Land Health Agency	12 - sixteen weeks

Note that your processing time does not begin until the Waiver Review Partitioning has received your DS-3035 waiver application, non-refundable processing fee, copies of all your DS-2019 forms, and all required supporting documents from the appropriate 3rd parties or authorities agencies every bit described before.

Expedited Processing of J1 Visa Waiver Awarding

Under certain circumstances such as where at that place is a meaning The states government interest or an urgent humanitarian need, an expedited processing may be requested either by a J1 bidder, an chaser representing the bidder, or a congressman.

To request expedited processing, you may send an e-mail explaining your circumstances and including any supporting show to 212ewaiver@land.gov.

You can acquire how a congressman can help you expedite the processing of your J1 waiver awarding in our weblog post on 7 Best Ways to Speeding Up the Processing of your Immigration Case

Getting Your J1 Visa Waiver Canonical

Subsequently the Waiver Review Segmentation decides on your asking, they will send a copy of their recommendation to USCIS, favoring or opposing your request to waive the 2-year home residency requirement.

Yous will also exist sent a re-create of this recommendation to the accost you have on file.

While the Waiver Review Sectionalisation is responsible for issuing a recommendation to USCIS, the concluding decision on your waiver request, whether to corroborate or deny your application, is made by USCIS.

You lot would not have a waiver of your home residency requirement until you receive a find of approval from USCIS.

J1 Visa Waiver FAQs

Changing or transferring your program

A J1 exchange company subject to the ii-twelvemonth habitation residency requirement might change or transfer into a program without the ii-year residency requirement. Nevertheless, the J1 exchange company will still be subject to the initial two-year home residency requirement.

Marrying a US citizen or Legal Permanent Residence spouse

Marrying a US denizen or Legal Permanent Residence spouse does not waive the 2-year residency requirement. In order to remain in the United states, the J1 substitution visitor would need to obtain a J1 waiver.

What to exercise if your contact information changes?

Yous must update your information on the J Visa Waiver Online webpage. You can do this by selecting "Inform the Section of State of a alter to personal data." The Waiver Review Division can just contact you if they have your accurate contact information.

Changing to some other nonimmigrant condition other than the H or L form

A J1 substitution visitor subject to the 2-twelvemonth home residency requirement might change their status into any other non-immigrant status other than the H and L class. However, the J1 exchange visitor will still be subject to the initial 2-year habitation residency requirement until he or she tin either satisfy the requirement or obtain a J1 waiver.

Returning to another land other than your home country

Residing in another country other than the home country does not fulfill the 2-yr home residency requirement. To satisfy the 2-year dwelling residency requirement, the J1 commutation visitor must spend a minimum of two cumulative years residing in the home country. Even in circumstances where the J1 exchange visitor might renounce his or her citizenship in the dwelling house country, the 2-yr home residency requirement must all the same be satisfied.

DISCLAIMER: This blog postal service is written for general data just and is NOT legal advice. The information presented in this commodity and anywhere else on this site should not be construed to be formal legal communication. If you need legal advice, you may contact a licensed attorney.

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Source: https://sojourningscholar.com/complete-guide-to-j1-visa-waiver/

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