What is a j-1 visa waiver?
A J-1 visa is an exchange visitor visa that allows a foreigner to come to the US to participate in a work-study program. J-1 visas fall into the non-immigrant visa category. Some J-1 visas have a legal requirement that necessitates that the exchange visitor returns to their home country for at least two years after the completion of their work-study program. If an individual is unable to fulfill the two-year home country requirement, the foreigner must apply for a J-1 Visa Waiver. A J-1 Visa Waiver must be approved before the foreigner can adjust/change their status or secure a different visa.
J-1 Visa Waiver Objection Statement
One way to secure a J-1 Visa Waiver is with a No Objection Statement. This is a written statement from the government of the applicant’s country which indicates that the foreign government does not object to the applicant not fulfilling the two-year home-country physical presence requirement and does not object to the applicant possibly becoming a US lawful permanent resident.
Request by an Interested U.S. Federal Government Agency
Any US Federal Government Agency may also request a waiver (Interested Government Agency Waiver) on behalf of the foreign exchange visitor. An Agency may request such a waiver if the exchange visitor is working on a project for them or a project that the visitor is working on is of interest to the U.S. federal government agency. The request is made when the agency determines that the two-year departure would be detrimental to the agencies interest.
Persecution J-1 Visa Waiver Explained
An exchange visitor may also request a J-1 Visa Waiver if they cannot return to their country due to fear of persecution based on race, religion, or political opinion.
Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of the exchange visitor
An exchange visitor may also request a J-1 Visa Waiver if their departure from the US would cause exceptional hardship to their U.S. citizen or lawful permanent resident (LPR) spouse or child. Exceptional hardship must be demonstrated that is more than just basic difficulties from a mere separation of the family.
Request by a designated State Public Health Department or its equivalent.
A J-1 Visa Waiver may also be based on the request of designated State Public Health Department (or its equivalent). A foreign medical exchange student in a medical training/education program may qualify if they have a full time employment offer at a healthcare facility where there is a shortage of medical professionals; the visitor agrees to begin work within 90 days of the approved waiver; and the visitor will contract to work full time for at least three years.