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J-1 Visa Waiver

Do you need assistance applying for a J-1 Visa Waiver? Contact our offices to discuss your options today!

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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.

J-1 Visa Waiver FAQs

Cases are thoroughly considered before a decision is rendered. Once a denial is issued it cannot be appealed or reopened. However, you may apply for another J-1 Visa Waiver if you qualify under different grounds from you initial application. If you apply again based on a different basis, you must go through the entire application process again.

In most instances, you cannot/should not apply again for a J-1 Visa Waiver on the same basis as your original application. However, there is an exception to this. If you originally applied based on persecution, you may apply again on persecution grounds if recent developments are expected to result in a different outcome to the waiver decision. In such cases you must go through the entire application process again.

No, you do not have to have an attorney to go through the application process for a J-1 Visa Waiver. However, the visa waiver process can be quite complicated and requires multiple steps and agencies to finish the application and processes. An experienced immigration attorney can help you to ensure that you have the correct documentation and that you go through the process steps correctly.

Yes, J-2 wife and/or child secured their J-2 status as dependents on based on your J-1 visa. As such, they are subject to the same requirements and must also leave the US and return to your home country with you.

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