Are you subject to a J1 visa 2-year foreign residence requirement? If you are subject to the two-year home residency requirement, obtaining a J1 visa waiver can help!
This guide explains everything you need to know about who needs a waiver and how to avoid returning home for two years. To learn more about the process, visit J1 visa waiver process and timeline.
What is J1 visa waiver?
A J1 visa waiver (also known as J1 2-year rule waiver)is a provision that allows certain J-1 visa holders to waive the two-year foreign residency requirement. This requirement applies to J-1 visa holders in some exchange programs funded by the U.S. government or certain government agencies in their home country, or those with specialized skills or receiving medical training.
Here’s a breakdown of important J1 visa waiver considerations:
Requirement: J-1 visa holders in certain programs must return to their home country for two years after completing their program in the U.S to complete the two-year foreign residence requirement.
Waiver: This two-year requirement can be waived under specific circ*mstances we discuss below.
Benefits: A J-1 visa waiver allows you to stay in the U.S. and potentially change your visa status to work here or obtain permanent residency (green card).
Who Needs a J1 visa waiver?
The J1 visa waiver applies to J1 visa holders who participated in certain programs in the United States.
Here’s how to know if you need a waiver:
Government Funding: You participated in an exchange program funded directly or indirectly by the US or home country government, or an international organization receiving funds from the U.S. government or your home country’s government.
Specialized Skills: Your home country designate your J1 program’s field of study as important for national development and appears on the Exchange Visitor Skills List. The designated skills vary by country. For example, hospitality management might be critical for Romania and Jamaica but not Argentina, Canada, Greece or Mexico. Check your home country’s designation list to see if your J1 program falls under a designated skill for your home country.
Medical Training: If you came to the U.S. for graduate medical education or training, you are subject to the two-year rule.
J1 Visa Restrictions: What You Can & Can’t Do Before Waiver
Here’s what you can and cannot do while subject to the requirement:
Restricted Actions (Require Waiver):
- Change to most visas (except A or G diplomatic visas)
- Apply for a green card (adjustment of status or immigrant visa at US Consulate abroad)
- Get H, L, or K-1 fiancé visas
Allowed Actions (No Waiver Needed):
- Renew your J-1 visa (with some exceptions for Research Scholar or Professor)
- Apply for F-1 student visa
- Get a B1/B2 tourist visa
- Apply for E-2 visa
- Apply for other visa categories (TN visa, O-1, E-1, E-3 visas and others)
J1 visa waivers allow you to pursue these restricted actions.
Waivers for J1 visa: Avoid the 2-Year Foreign Residency Requirement
If you are subject to the 2-year foreign residency requirement, you need a J1 visa waiver to be able to change status in the United States, apply for green card or get H, L or K-1 fiancé visas. The requirements for a J1 visa waiver depend on the specific waiver you are applying for.
A J1 visa waiver lawyer can explore your waiver options and provide a personalized assessment.
Here, we explore the five ways you can apply for a waiver and avoid returning home for two years:
J1 No Objection Waiver
No Objection Statement (NOT for foreign medical graduates): Obtain a No Objection Statement (or J1 visa no objection letter) from your home country government, indicating they have no objection to you not returning home. Your home country government may issue a No Objection Statement, through its embassy in Washington, DC.
J1 visa Hardship Waiver
Exceptional Hardship: You need to demonstrate extreme hardship to your U.S. citizen or permanent resident spouse or child if you return home. This hardship must be significantly greater than what most people would experience.
Persecution Waiver
Fear of Persecution: Apply if you have a well-founded fear of persecution based on race, religion, or political beliefs if you return to your home country. Evidence is crucial for this waiver.
U.S. Government Agency Waiver
Interested U.S. Government Agency Request: Are you working on a project for or of interest to a U.S. federal government agency? If a U.S. federal agency deems your departure detrimental to their project, they can request a waiver on your behalf (Interested Government Agency Waiver). This waiver also applies to foreign physicians serving in underserved areas or areas experiencing health professional shortage.
Conrad 30 Waiver
Conrad State 30 Program (Foreign Medical Graduates): This program allows state health departments to request waivers for foreign medical graduates who agree to serve in underserved areas for at least three years.
Each option has specific requirements. Malescu Law’s J1 visa waiver lawyers assist you with DOS recommendation letter, no objection statement or qualify under one of the five waivers.
J1 visa waiver status
J1 waiver status check
After you apply, you can check your status on the Department of State status.
J1 waiver status USCIS
You can check J1 Waiver status online with your USCIS receipt number.
J1 visa waiver processing time
The processing time for J1 visa waiver is 6 months or longer. The U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) workload can significantly impact processing times. There is no premium processing available.
Malescu Law can assist
Applying for a waiver can be complex. Consult with an experienced J1 visa waiver lawyer for guidance on the waivers. We assist with Florida J1 waiver approvals and nationally.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
