Is It Easy to Get a J1 Waiver in Dc

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What is a J1 Waiver?

Many J1 exchange visa holders who complete their programs in the United States, might want to change their status to a temporary worker status such as the H-1B or L-1 nonimmigrant status or into a Lawful Permanent Resident (LPR) status while in the United States...

Or in some cases, after the completion of their J1 exchange program, they might want to obtain an H-1B or L-1 work visa or an immigrant visa while outside the United States.

But unfortunately for some J1 exchange nonimmigrants, this would not be possible unless they can obtain what is called a J1 waiver.

This J1 waiver is a document issued by the United States Department of Homeland Security that removes the requirement for certain J1 nonimmigrants (and their J2 dependents) to return to their country for a minimum of two years upon the completion of their J1 exchange visa program in the United States.

This restriction is called the home country presence requirement or home residency requirement and is defined in US immigration law, specifically in section 212(e) of the Immigration and Nationality Act. It is sometimes called Section 212(e) in legal jargon.

Without obtaining a J1 waiver, the J1 nonimmigrant (and any J2 dependents) would have to fulfill the 2-year home country presence requirement before they can enter the United States on an H, L or Permanent Residency US visa.

However, a J1 exchange visitor who is subject to the 2-year home residency requirement may change their status or apply for a new visa in any other nonimmigrant visa categories other than the H or L class visas.

Why is there a 2-Year Home Residency Requirement for J1 Exchange Visas?

To understand why the 2-year home country residency requirement exists on the J1 visa and not on other US nonimmigrant visa classes, you must understand the purpose of the J1 exchange visa program.

You see, the J1 exchange program was created to allow foreign nationals to come to the US to engage in a specific activity and then return to their home country to share their knowledge of said activity with their country people immediately after the completion of the activity.

Hence the word "exchange" in J1 exchange visa.

Therefore, the purpose of the exchange program would not be effective if all J1 nonimmigrants were allowed to remain in the United States after the completion of the J1 exchange program by changing their status.

However, not all exchange visitor programs are subject to this 2-year residency requirement.

Are You Subject to the 2-Year Home Country Residency Requirement?

Whether you are subject to the 2-year home country residency requirement would depend on the conditions for which your J1 exchange visa was granted by your program sponsor.

Usually, a J1 exchange visitor will be subject to the home country residency requirement if their program is.

Government funded - whether partially or fully by the US government or the visitor's home country
Involves medical training
Involves specialized knowledge, as could be found on the Exchange Visitor Skill List, that's needed for the development of the J1 visitor's home country

This 2-year home country residency requirement is described in detail on the 2nd page of the Form DS-2019. If you are subject to the 2-year residence requirement, you would find this on page 1 of the DS-2019.

The 2 year home residency requirement could be found on page 1 of the DS-2019

So, it is especially important to understand the implications of this restriction, if it applies to you, before signing the DS-2019 and applying for a J1 visa to enter the United States.

If you are not sure that this restriction applies to you, you can request that an Advisory Opinion be conducted by the US Department of State's (DOS) Waiver Review Division.

During the Advisory Opinion, your J1 exchange visitor program documents will be reviewed to determine if you are subject to the 2-year home country presence requirement.

You can learn how to request an Advisory Opinion on the US Department of State website.

Typical processing times for a request for an Advisory Opinion takes between 4 to 8 weeks.

J1 Waiver Eligibility Criteria

Certain J1 exchange visitors who are subject to the 2 year home country presence requirement could obtain the J1 waiver if they meet any one of the five qualifying conditions for a J1 waiver based on US immigration law.

If a J1 exchange visitor is eligible for a J1 waiver under more than one basis, he or she can only request a J1 waiver for one qualifying condition at a time.

1. J1 visa waiver for demonstrating exceptional hardship to a US citizen or Lawful Permanent Resident spouse or child caused by your departure from the United States.

If you, the J1 exchange visitor, can demonstrate that your departure from the US would cause exceptional hardship to your United States citizen or Lawful Permanent Resident spouse or child, then you may apply for a J1 visa waiver of your 2-year home residency requirement.

Note that physical separation from your family alone does not meet the qualification for exceptional hardship.

2. J1 waiver for reasons of persecution upon returning to your home country

If you believe that you will be persecuted upon return to your home country because of your race, religion, or political opinion, you can apply for a J1 visa waiver.

3. J1 visa waiver for i nterest from a US federal government agency that deems your stay in the US to be in the public interest

If you are working on a project for, or a project that is of interest to a US Federal Government agency, and that agency determines that your contribution and stay in the United States is vital to one of its programs, you may apply for a J1 waiver.

4. J1 waiver for a No Objection Statement that is sent directly to the US Department of State by your home country's Embassy in Washington, DC.

This No Objection statement must state that your home country has no objection to you not returning to your home country to satisfy the 2-year foreign residence requirement AND that you may remain in the United States if you choose to.

Without a no objection statement, you must satisfy the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act by returning to your home country.

5. J1 visa waiver for an alien physician who will be working for a US State Health agency in an under-served area

If you are a foreign medical school graduate, who has an offer of full-time employment at a US State health care facility and are working in an area experiencing a designated shortage of health care professionals, you may be eligible to apply for a J1 visa waiver.

To fully qualify for a waiver on this basis, you must agree to begin employment at the health care facility within 90 days of receiving the waiver and sign a contract to continue to work at the facility full time for no less than three years.

Note: The law permits only medical doctors to apply for a waiver on this basis. However, if the exchange visitor's government funded their program, the J1 exchange visitor must also request a "no objection" statement from the country to which they are otherwise obligated to return.

Given the complications of demonstrating your eligibility for a J1 waiver, we highly recommend you seek the counseling of an experienced immigration attorney when requesting a J1 visa waiver.

How to Apply for a J1 Waiver

Once you determine that you meet any one of the 5 qualifying basis for a J1 waiver, you can begin your J1 waiver application.

Note that the approval process for your J1 waiver involves multiple government agencies and there is no guarantee that your J1 waiver application will be approved.

We highly recommend you seek the counseling of an experienced immigration attorney for legal assistance through every step of the waiver process. If you need help with your immigration case, you can chat with an online immigration attorney 24/7 through JustAnswer.com

Here are the general steps to follow when applying for a J1 waiver

1. Complete the online J1 Visa Waiver recommendation application (Form DS-3035)

A completed online Form DS-3035 is the only acceptable format of the J1 waiver application form. This form should not be printed out and completed by hand. Instead, it must be completed online.

When completing the online Form DS-3035, you will be providing information including:

Your biographical information - name, gender, date and place of birth, and citizenship
Your basis for applying for the J1 waiver from one of the five J1 visa waiver eligibility criteria
A statement of reason, explaining why you want to remain in the US
Current address, contact information, and your most recent US address
Information about any attorney or representative assisting you with the J1 visa waiver process
Details about your J1 exchange program such as your SEVIS number, J1 program start and end dates
Information about your J1 visa
Details of any J2 dependents if there are any

While the Form DS-3035 must be completed online, it currently cannot be submitted electronically.

Provide an example snapshot of what a completed form looks like

Once completed online, a 7-digit case number and a bar-coded PDF document of your compiled J1 waiver application will be generated.

This PDF document will also include a checklist describing how you should organize the pages of your J1 visa waiver application packet, as well as any other documents you must provide to support your application.

Example of checklist generated for a J1 waiver applying under a No Objection basis

You should read this checklist thoroughly.

On this generated document, you will find the exact locations where you must mail your application packet to. These locations will depend on the J1 waiver basis you selected during the application process.

Example barcoded page generated after completing online DS-3035

You must download, print, and sign this bar-coded PDF document in black ink and be prepared to follow the instructions on the checklist page when mailing your application to the US Department of State.

2. Mail in completed DS-3035 with application fee

In addition to your completed and signed Form DS-3035, you will also include a $120 non-refundable application fee. You can find the updated application fee at any point in the future on the US Department of State website.

The non-refundable application fee should be sent in the form a cashier's check or money order in US currency and drawn from a US bank.

Note that if the US Department of State receives an incomplete or an incorrectly formatted DS-3035, your application might be rejected, and you will not receive a refund of your application fee.

Some other documents you will include in your application packet are.

Copies of all Forms DS-2019 (formerly known as IAP-66) that you have received
Copies of your passport biographical page and those of your J2 dependents if any
2 self-addressed, stamped envelopes
Any additional pages you need to fully respond to any questions in the Form DS-3035

Once you have assembled your application packet, you should follow the instructions on the checklist page that states where your DS-3035 and other additional pages or forms must be sent.

For example, at the time of writing this blog post, a J1 waiver applicant applying under the No Objection basis would submit the DS-3035 by Postal Service to:

(For Postal Service Delivery)
Department of State J-1 Waiver
P.O. Box 979037
St. Louis, MO 63197-9000

(For Courier Service Delivery)
Department of State J-1 Waiver
P.O. Box 979037
1005 Convention Plaza
St. Louis, MO 63101-1200

This J1 waiver applicant applying on the basis of No Objection will also mail a Third-Party Barcode page to his or her home country's Embassy.

The J1 applicant's Embassy will then return this Third-Party Barcode page alongside the No Objection statement to the US Department of State.

3. Provide supporting documents for your J1 waiver basis

After mailing your J1 waiver application packet, the supporting document(s) proving that you are eligible for a J1 waiver must be received by the US Department of State's Waiver Review Division.

These supporting documents would depend on the basis for which you are requesting a waiver as discussed below:

Exceptional Hardship to a US Citizen or LPR spouse or child - You must submit Form I-612 to the U.S. Citizenship and Immigration Services (USCIS). USCIS will then forward its decision to the Waiver Review Division.
Persecution - If applying under the basis of persecution, you must submit Form I-612 to USCIS who will then forward its decision to the Waiver Review Division.
Interest from a US Federal Government Agency - The US federal agency must provide a letter explaining why it is in the public interest of the United States that you remain in the US. This letter should be signed by the head of the agency, or his or her representative, and must be sent directly to the Waiver Review Division along with copies of all DS-2019 forms, your curriculum vitae, and a certification statement signed and date by you.
No Objection Statement - Your home country's Embassy in Washington, DC must issue the No Objection Statement and send it directly to the Waiver Review Division.
Alien Physician working for a US State Health Agency - A letter from the state health agency stating that it is in the public interest of the United States that your 2-year home residency requirement be waived. The State Health agency must send this letter along with copies of all your DS-2019 forms and your curriculum vitae directly to the Waiver Review Division.

You should ensure that these supporting documents are sent by the appropriate third party or government agency in a timely manner, as the Waiver Review Division will not follow up on any missing supporting documents that are required for your application.

Once these supporting documents are received by the Waiver Review Division, your J1 waiver application will be completed.

How to Check the Status of My J1 Waiver Application?

You can check the status of your submitted J1 waiver application on the J Visa Waiver Status webpage.

You will need your 7-digit case number to check the status of your application.

The status check system will provide you with up-to-date information about your J1 waiver request.

It will indicate if the US Department of State has received your DS-3035 online application and fee payment, as well as any supporting document needed for your application.

The system will also inform you if any documents have been requested or sent by the Waiver Review Division.

You should allow approximately one month after submitting a complete application before checking your status.

If after reviewing your case on this system, you have any further questions regarding your case, you should contact the Public Inquiries Division at 212ewaiver@state.gov .

How Long Does It Take to Get a J1 Visa Waiver?

The processing times for your waiver request will depend on the basis under which you request a J1 visa waiver. According to the Department of State website, here are the estimated processing times for the J1 waiver.

J1 Waiver Basis	Estimated Processing Time
Exceptional Hardship	16 - 24 weeks
Persecution	12 - 16 weeks
Interested US Federal Agency	8 - 12 weeks
No Objection Statement	12 - 16 weeks
Alien Physician Working for US State Health Agency	12 - 16 weeks

Note that your processing time does not begin until the Waiver Review Division has received your DS-3035 waiver application, non-refundable processing fee, copies of all your DS-2019 forms, and all required supporting documents from the appropriate third parties or government agencies as described earlier.

Expedited Processing of J1 Visa Waiver Application

Under certain circumstances such as where there is a significant US government interest or an urgent humanitarian need, an expedited processing may be requested either by a J1 applicant, an attorney representing the applicant, or a congressman.

To request expedited processing, you may send an email explaining your circumstances and including any supporting evidence to 212ewaiver@state.gov.

You can learn how a congressman can help you expedite the processing of your J1 waiver application in our blog post on 7 Best Ways to Speeding Up the Processing of your Immigration Case

Getting Your J1 Visa Waiver Approved

After the Waiver Review Division decides on your request, they will send a copy of their recommendation to USCIS, favoring or opposing your request to waive the 2-year home residency requirement.

You will also be sent a copy of this recommendation to the address you have on file.

While the Waiver Review Division is responsible for issuing a recommendation to USCIS, the final decision on your waiver request, whether to approve or deny your application, is made by USCIS.

You would not have a waiver of your home residency requirement until you receive a notice of approval from USCIS.

J1 Visa Waiver FAQs

Changing or transferring your program

A J1 exchange visitor subject to the 2-year home residency requirement might change or transfer into a program without the 2-year residency requirement. However, the J1 exchange visitor will still be subject to the initial 2-year home residency requirement.

Marrying a US citizen or Legal Permanent Residence spouse

Marrying a US citizen or Legal Permanent Residence spouse does not waive the 2-year residency requirement. In order to remain in the US, the J1 exchange visitor would need to obtain a J1 waiver.

What to do if your contact information changes?

You must update your information on the J Visa Waiver Online webpage. You can do this by selecting "Inform the Department of State of a change to personal data." The Waiver Review Division can only contact you if they have your accurate contact information.

Changing to another nonimmigrant status other than the H or L class

A J1 exchange visitor subject to the 2-year home residency requirement might change their status into any other non-immigrant status other than the H and L class. However, the J1 exchange visitor will still be subject to the initial 2-year home residency requirement until he or she can either satisfy the requirement or obtain a J1 waiver.

Returning to another country other than your home country

Residing in another country other than the home country does not fulfill the 2-year home residency requirement. To satisfy the 2-year home residency requirement, the J1 exchange visitor must spend a minimum of 2 cumulative years residing in the home country. Even in circumstances where the J1 exchange visitor might renounce his or her citizenship in the home country, the 2-year home residency requirement must still be satisfied.

DISCLAIMER: This blog post is written for general information only and is NOT legal advice. The information presented in this article and anywhere else on this site should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.

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Source: https://sojourningscholar.com/complete-guide-to-j1-visa-waiver/