Overcoming the Foreign Residence Requirement
If you’re a foreign national who’s participated in a J-1 exchange program in the United States, you may be subject to the two-year home-country physical presence requirement. Also called the foreign residence requirement, this requirement states that J-1 visa holders who have come to the United States to receive graduate or medical training must return to their home country for at least two years before they can apply for a green card or certain nonimmigrant visas.
However, a way to waive this requirement is by applying for an I-612 waiver. In this blog post, we’ll take a closer look at the bases for an I-612 waiver and who is eligible to apply. We’ll also provide some advice to help you navigate the process and increase your chances of success.
Who is subject to the Foreign Residence Requirement?
The foreign residence requirement is a condition of the J-1 visa program, designed to promote cultural exchange and mutual understanding between the U.S. and other countries. The foreign residence requirement’s purpose is to:
Essentially, the requirement is to protect the interests of both the U.S. and the home countries of J-1 participants. If you’re a current or former exchange visitor, you’re subject to the foreign residence requirement if you’ve participated in at least one of the following programs:
Eligibility Requirements & Common Grounds for an I-612 Waiver
If you cannot fulfill this requirement after your program ends, you may be eligible to apply for an I-612 waiver. You must be either a J1 visa holder or the divorced ex-spouse (J2 visa holder) of an exchange visitor.
In addition, the basis of your waiver must be on one of the following five bases:
No Objection Statement
You’ve received a No Objection Statement from your home country’s government or designated ministry stating they have no objection to you remaining in the U.S. or potentially becoming a permanent resident. However, it’s important to note that this option isn’t available for foreign medical physicians who received J-1 status for graduate medical education or training after January 10, 1977.
A request from a government agency
You’ve received an Interested Government Agency Waiver from a U.S. government agency. This waiver, filed on your behalf, states that your departure from the U.S. would be detrimental to national interests.
Persecution
You believe you’ll suffer from persecution in your home country due to your race, religion, or political opinion.
Exceptional Hardship
Your departure from the U.S. would cause exceptional hardship to your U.S. citizen or lawful permanent resident spouse or child.
Request from a designated State Public Health Department
You’ve received a request from a designated State Public Health Department to stay in the U.S., also known as the Conrad State 30 Program. This category is only available for foreign medical graduates who received exchange visitor status to pursue graduate medical training or education.
To qualify under the Request from a designated State Public Health Department basis, you must have received a full-time job offer at a designated healthcare facility experiencing a professional shortage or focusing on providing care in an underserved community. In addition, you must agree to begin employment within 90 days of receiving the waiver and sign a contract that you’ll work full-time (40 hours a week) at the facility for at least 3 years.
Tips for a Successful I612 Waiver
Although there are no guarantees that your waiver application will be approved, there are several things you can do to increase the chance of success:
Understand the eligibility criteria
Not everyone subject to a two-year home residency requirement is eligible to receive an I-612 waiver. In addition, you must meet one of the five grounds for the waiver listed above.
Gather relevant evidence
To support your request for a waiver, you’ll need to provide compelling evidence that shows your eligibility. Depending on the grounds of your waiver, this may include documentation of your qualifications, work history, or evidence of extreme hardship or persecution.
Provide a detailed personal statement
A detailed personal statement can help you explain why you should receive a waiver. For example, depending on why you’re applying for a waiver, it could include a statement on how leaving the U.S. for two years would create extreme hardship for a U.S. citizen or legal permanent resident spouse or why staying in the U.S. would be in the public interest.
Follow the instructions carefully and submit a complete application
It’s essential to read and follow the application instructions carefully. Failure to do so could result in your application being delayed or denied. Likewise, make sure to fill out the entire application and include supporting letters from employers, colleagues, family members, or any other evidence that supports your case.
Work with an experienced immigration attorney
An experienced attorney can help you navigate the complexities of immigration law and provide guidance on presenting your case in the best light possible.
For more information on obtaining a waiver for the foreign residence requirement or to discuss the details of your case, please contact Ranchod Law Group at 916-613-3553 or email us at info@j1waiver.net.