Embarking on a journey with the J-1 Visa? This guide provides a brief yet comprehensive overview of the J-1 Visa application, process, and eligibility criteria.
Whether you’re a prospective participant or a sponsor, unravel the key steps and requirements to make your Visa experience a smooth and informed one.
Additionally, explore essential insights into the J-1 Visa Waiver program, understanding the criteria and process involved in obtaining a waiver if applicable to your situation.
What is the J-1 Visa?
This visas allow individuals to come to the United States as part of an approved exchange program for teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving graduate medical education or training.
This visa is a non-immigrant visa available for individuals sponsored by an exchange program designated by the United States Department of State to come to the United States. Designated exchange programs are those designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and science.
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What is the Two-Year Home-Country Physical Presence Requirement?
The two-year home-country physical presence requirement requires this visa holders to return to their home country for a cumulative total period of at least two years after the completion of their exchange program in the United States.
Individuals subjected to the two-year home-country physical presence requirement must fulfill this requirement before they can:
- Change their status while in the United States to the non-immigrant categories of temporary worker (H) or intracompany transferee (L);
- Adjust their status while in the United States to immigrant visa/lawful permanent resident status (LPR);
- Receive an immigrant visa at a U.S. Embassy or Consulate; or
- Receive a temporary worker (H) visa, intracompany transferee (L) visa, or fiance (K) visa at a U.S. Embassy or Consulate.
Who is Subjected to the Two-Year Home-Country Physical Presence Requirement?
Not all exchange visa holders are subjected to the two-year home-country physical presence requirement. This visa holders are subjected to the two-year home-country physical presence requirement if they meet any of the following conditions:
- The visa holder is finishing a government-funded exchange program that is financed in whole or in part, directly or indirectly, by the United States government or the government of the visa holder’s nationality or previous residence;
- The visa holder entered the United States to participate in a graduate medical education or training program;
- The visa holder is finishing a program in a field of specialized knowledge or skill and the country where the visa holder is a national or permanent resident has held that the program’s field of specialized knowledge or skills is necessary to the development of the country. visa holders can find the fields of specialized knowledge or skills necessary to the development of their home country by viewing the 2009 Revised Exchange Visitor Skills List.
What is the J-1 Visa Waiver?
TheJ-1 Visa Waiver, also known as the Waiver of the Two-Year Home-Country Physical Presence Requirement, offers a pathway for visa holders to request a waiver of the condition that requires them to return to their home country for two years after their exchange visitor program ends. This requirement is officially known as the 212(e) requirement.
Under certain circumstances, visa holders may find it difficult or impossible to fulfill this two-year home-country physical presence requirement. The waiver allows them to stay in the U.S. or pursue a change in visa status without first having to satisfy this obligation, under the following conditions.
Who is Eligible for the J-1 Waiver?
Individuals who are subject to the two-year home-country physical presence requirement may apply for a waiver if they are unable to fill the requirement. The holders can request a waiver if the grounds for the waiver fall under one of five categories:
1. The J-1 visa holder’s home country issues a No Objection Statement through its Washington D.C. embassy.
The Washington D.C. embassy must send the No Objection Statement to the U.S. Department of State, Waiver Review Division and state that the holder’s government has no objection to the visa holder not returning to his or her home country, and has no objection to the possibility the holder may become a lawful permanent resident of the U.S. The processing time for this category is 12 to 16 weeks.
2. A United States federal government agency has determined that the holder’s departure from the U.S. for two years would be detrimental to its interest.
The government agency must request an Interested Government Agency Waiver on the holder’s behalf. The Interested Government Agency request must be signed and submitted to the U.S. State Department, Waiver Review Division by the head of the agency, or his or her designee. The processing time for this category is 8 to 12 weeks.
3. The holder believes he or she will be persecuted based on their race, religion, or political opinion in their home country.
The holder must submit Form I-612, Application for Waiver of the Foreign Residence to the United States Citizenship and Immigration Services (USCIS), which will then forward its decision to the U.S. Department of State, Waiver Review Division. If the USCIS makes a finding of persecution, the Department of State will move forward with the waiver recommendation. The processing time for this category is 12 to 16 weeks.
4. The holder’s departure from the United States would cause exceptional hardship to his or her spouse or child who is a U.S. citizen or lawful permanent resident.
The holder must submit Form I-612, Application for Waiver of the Foreign Residence Requirement to the USCIS, which will then forward its decision to the U.S. Department of State, Waiver Review Division. If the USCIS makes a finding of exceptional hardship, the Department of State will move forward with the waiver recommendation. The processing time for this category is 16 to 24 weeks.
5. The holder is a foreign medical graduate who obtained exchange visitor status to pursue graduate medical training or education and meets other criteria.
The waiver request for a holder must be based on his or her relationship with a designated State Public Health Department or its equivalent. This is often referred to as the Conrad State 30 Program. To qualify for this waiver, the holder must:
- Have an offer for full-time employment at a healthcare facility in an area designated as having a shortage of medical professionals or at a healthcare facility that serves patients who are from an area designated as having a shortage of medical professionals;
- Agree to begin employment at the health care facility within 90 days of receiving the J-1 waiver;
- Sign a contract to continue working at the health care facility for a total of 40 hours per week (full-time) and no fewer than three years.
State Public Health Departments can request up to 30 J-1 waivers per fiscal year, with a maximum of 10 for physicians at facilities outside of designated medical shortage areas. To apply, departments send requests to the U.S. Department of State’s Waiver Review Division, with a processing time of 12 to 16 weeks.
If holders are unsure about their eligibility for a waiver can ask the U.S. Department of State’s Waiver Review Division for an Advisory Opinion. This process involves checking their program documents to see if the two-year rule applies. To do this, they need to send a request with details about their J-1 programs, including dates and funding sources, along with copies of all DS-2019/IAP-66 forms, their page, the Supplementary Applicant Information Page and include a self-addressed, stamped envelope.
What is the Process to Apply for the J-1 Waiver?
To apply for the J-1 waiver, a holder must complete the following steps:
Step One: File Form DS-3035
The first step to receive a J-1 waiver is to fill out Form DS-3035 online with the U.S. Department of State. When filling out Form DS-3035, the holder will need the following important information:
- The SEVIS number and information from Form IAP-66;
- The holder’s first entry date into the United States;
- Whether the holder has J-2 dependents;
The visa holder must print in black and white the barcode that downloads after the completion of the form.
Step Two: Mail Waiver Application and Fee Payment
After filling out Form DS-3035, the J-1 visa holder must mail:
- The completed online application, Form DS-3035, and printed barcode;
- Legible copies of all Form DS-2019/IAP-66 ever issued to the visa holder;
- Two self-addressed, stamped envelopes; and
- The application fee.
Step Three: Submit Supporting Documents
Next, the J-1 visa holder must submit supporting documents along with the documents mailed. A supporting document is from the government agency or department that supports the visa holder’s application for a waiver. For example, visa holders who seek a waiver based on persecution in their home country must submit documents from the USCIS that support the waiver application.
Step Four: Stay Up to Date on Application Status
After submitting supporting documents, the application for waiver is complete. The waiver applicant can update their contact information and check their status on the J Visa Waiver Online webpage. The Waiver Review Division will contact applicants using the contact information provided on Form DS-3035 for additional information, if necessary.
FAQs
Can a J-1 research scholar apply for a waiver?
Yes, J-1 research scholars can apply if they meet waiver eligibility criteria like government interest or persecution.
Does my family need a waiver if I get one as a J-1 visa holder?
No, if the J-1 visa holder receives a waiver, their J-2 dependents are also waived from the requirement.
Can I travel outside the US while my J-1 waiver is pending?
No, you should not travel internationally until the waiver is approved or it may be deemed abandoned.
How long is the J-1 waiver valid for?
The J-1 waiver is indefinitely valid after approval, but only waives the 2-year home residency requirement.
If denied, can I appeal a J-1 waiver application?
No, if your J-1 waiver is denied you typically cannot appeal. However, you can reapply if circumstances change.
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Conclusion
The J-1 visa provides an invaluable opportunity for international exchange across academic, cultural, and scientific fields. However, the two-year home residency requirement can pose hardships for participants building lives and careers in the US. Fortunately, the J-1 waiver program allows qualified visa holders to remain in America if their departure would harm US interests or themselves.
Navigating the various waiver eligibility criteria and documentation requirements can prove challenging though. Hiring an experienced immigration attorney is essential to put together a convincing waiver application. Approval then allows J-1 holders to progress toward permanent residency if desired.
