The two-year foreign residency requirement associated with the J-1 visa requires certain exchange visitors to return to their home country or last permanent residency for two years after the completion of their J-1 program. However, you may be able to bypass this requirement if you receive an Interested Government Agency (IGA) Waiver.
If you’re an exchange visitor working on a project that’s of significant interest to a government agency, and your departure from the United States would be detrimental, the interested Federal Executive Agency can request that the foreign residency requirement be waived.
Do You Qualify for an IGA Waiver?
If you’re subject to the 2-year foreign residency requirement and have difficulty obtaining a No Objection Statement from your home country, an IGA waiver may be a suitable alternative. Here are five factors to consider when determining your eligibility:
The more of the above criteria you meet, the higher the likelihood of your application being approved.
The IGA Waiver Process
Here’s an overview of the steps involved in applying for an IGA Waiver:
- Determine Your Sponsoring IGA: You must identify which government agency will sponsor your Waiver Request. Your project need not be directly related to the agency’s work. Each agency has its own criteria for sponsoring a J-1 Waiver, and we can help you find the right fit.
- Complete the State Department J-1 Waiver Review Application: Fill out the J-1 Waiver Review Application provided by the U.S. State Department’s Waiver Review Division. This form includes questions about your program, funding, and the basis for seeking a J-1 waiver. Submit it along with other required documents and the processing fee to the Waiver Review Division.
- Request Sponsorship from the IGA: Your employer or prospective employer, (not you or your sponsor) must request the waiver on your behalf. They should provide a convincing statement explaining how granting the waiver benefits the agency’s interests and why it would be detrimental if you returned to your home country. Include supporting documentation and letters of recommendation from experts in your field.
- Receive Final Determination: The State Department will review your application and send its recommendation to the USCIS for the final decision. The USCIS usually grants a waiver if the State Department’s recommendation is favorable.
Seek Professional Guidance
Given the complexity of the IGA Waiver process, it’s strongly recommended to seek the advice of an experienced immigration attorney to ensure the success of your application.
If you believe you may qualify for an IGA Waiver or have questions about the process, please contact the Ranchod Law Group. With over 20 years of experience in immigration law and a focus on J-1 waivers, we’re well-versed in the waiver options available and will help you find the best one for your situation. We’re here to provide personalized support to help you secure a J-1 visa waiver and advance your career goals in the United States.
Contact us today at (916) 613-3553 or email us at info@ranchodlaw.com to schedule a consultation.