The J-1 visa is intended for foreign exchange visitors who choose to take part in a specific programme in the United States. The programme may be privately run or sponsored by the government.
The duration of the programme you choose typically has a significant impact on the J-1 visa's validity period. And upon the expiration of the visa validation period, every J-1 visa holder is then liable for the foreign residency requirement.
The Foreign Residency Requirement specifies that a person who has obtained a visa must leave the country for a period of two years before being permitted to reenter the country on a green card or some other nonimmigrant visa.
But there is good news for you. If you plan to bypass the Foreign Residency Requirement, you may have to get a J-1 visa waiver. How can you do that? Let's find out.
Qualifying For J-1 Waiver
There are around 5 bases for the recommendation of a waiver out there, and to qualify for the J-1 Waiver, you need to meet one of them.
Government Intervention
The head of the U.S. federal agency, or another assigned authority, may send a waiver request to the Waiver Review Division of the State Department if the beneficiary is engaged in work for that agency. The organization must demonstrate how the project might suffer if the beneficiary went back to their country of origin.
Exceptional Hardship
If your dependents are citizens of the United States or its lawful permanent residents, such as green card holders, you must demonstrate that their return to your home country will put them in a difficult situation and may harm their life as well.
Persecution
The J-1 visa holder may ask for a waiver on the grounds that they fear persecution if they go back to their home nation. The candidate must be able to demonstrate that they would face persecution due to their race, political thoughts, or religious beliefs. Those who choose this option must fill the Form I-612.
Conrad Program
If the J-1 visa holder is a graduate in the field of medicine and has been offered a full-time job in a field where there is a shortage of healthcare professionals, a waiver may be given in this case.
No Objection Statement
If the home country sees no problem with the two-year physical presence requirement and they can forgo it, in that situation, they need to provide a “No Objection Statement.” The statement should be sent to the Waiver Review Division by the home country's embassy in Washington, D.C. The statement may also be sent to the nearest American embassy or consulate by a designated ministry in the home country.
Processing Time
The processing time for each recommendation varies. For instance, if the justification made is made on the basis of government intervention, then it can take around 8 to 12 weeks. Whereas, if the justification is made on the basis of exceptional hardship, the processing may be around 36 to 52 weeks. On average, other situations may take around 12 to 16 weeks.
How Can RB Law Assist You?
As it can be seen from the aforementioned information, the entire process of applying for the J-1 Waiver is quite tricky, and the person applying may not understand how to apply. In such a scenario, RB Law can assist you in a better manner by making the entire application process easier and simpler. Get in touch with us today! We are here to help you.
