Some foreign nationals who are pursuing research or academic opportunities in the United States under the J-1 visa program are subject to the two-year home residency requirement after their program ends. This requirement can be challenging for those who would like to continue their research or academic pursuits in the U.S.
Fortunately, there are several waivers available for those engaged in science or clinical research or academics, including the Department of Health and Human Services waiver. In this article, we’ll take a closer look at that waiver and other options you may want to consider.
Understanding the J-1 Two-Year Home Residency Requirement
Before going into the specifics of the HHS waiver, it’s crucial to understand whether you would need a waiver. Foreign nationals on J-1 visas may be subject to a two-year home residency requirement if:
- Their J1 program received funding from the U.S. government or their home country’s government
- Their field falls on their home country’s ‘Exchange Visitor Skills List,’ or
- They underwent ECFMG-sponsored clinical medical training in the U.S
This requirement implies that upon program completion, J1 visa holders will need to return to their home country for a period of two years unless they obtain a waiver.
An Overview of the HHS Waiver
The Immigration and Nationality Act (INA) allows the two-year foreign residency requirement to be waived with a “favorable recommendation” of a United States Government Agency. One of the most relevant agencies for researchers and academics, particularly in medical and health-related fields, is the Department of Health and Human Services (HHS).
To qualify for an HHS waiver, you must meet several requirements, including:
- Institutional sponsorship
- Obtain a letter of support from the sponsoring institution
- Provide external letters of support from researchers or academics outside the institution
When making a decision, HHS also considers the importance of the research being conducted and whether the foreign national’s skills are essential to the project.
The HHS Waiver Process
HHS waiver applications are submitted directly to the Exchange Visitor Review Board at HHS. Following an administrative review to ensure completeness, the scientific review begins. The process involves a technical review by experts within the relevant HHS Institute, followed by a decision made by a Board comprising two senior HHS officials and the Board Administrator.
The processing time for HHS waivers can vary and frequently change, but generally takes between sixteen and twenty-four months to be adjudicated by HHS, with additional time for approval from the United States Department of State (DOS) and USCIS.
If the HHS recommends a waiver, you won’t be tied to your sponsoring institution for a specific period. However, it’s still important to exercise caution when considering positions outside the sponsoring institution until you receive permanent residence.
Exploring Alternative J1 Waiver Options
If the HHS waiver doesn’t align with your circumstances or research goals, there are alternative waiver options to consider:
- No Objection Statement (NOS) Waiver: This waiver is based on a statement from your home country’s government that states it does not object to a waiver of the two-year requirement being granted.
- Persecution Waiver: If returning to your home country would subject you to persecution based on your race, religion, or political beliefs, you may be eligible for a persecution waiver.
- Interested Government Agency (IGA) Waiver: Similar to the HHS waiver, other U.S. government agencies may also recommend waivers based on the agency’s interest.
- Exceptional Hardship Waiver: If returning to your home country for two years would cause exceptional hardship to your U.S. citizen or permanent resident spouse or child, you may qualify for this waiver.
The J-1 waiver journey for researchers and academics, especially in medical and health fields, may seem complex, but it offers a path to continuing your work in the United States. However, it’s essential to understand the specific requirements involved. Exploring alternative waiver options is also crucial for those who may not meet HHS requirements.
This is where the guidance of an immigration attorney can be indispensable. With over 20 years of experience in immigration law, we at the Ranchod Law Group have in-depth knowledge of the J-1 program and the various types of waivers available. We tailor our services and recommendations to your specific needs—which can save you valuable time and money. Pursuing the wrong waiver for your circumstances or making mistakes on your application can end up extending the process and may even mean that you’re forced to comply with the two-year home residency requirement.
To discuss the best options for your circumstances and goals, schedule a consultation with the Ranchod Law Group today at (916) 613-3553 or email us at info@ranchodlaw.com.