Ranchod Law Group
Understanding the J-1 waiver program and application process can be challenging. Whether you’re facing issues with obtaining a No Objection Letter from your home country, wondering about the processing times, or seeking clarity on why your waiver application might have been denied, our FAQs offer valuable insights to help you navigate this important aspect of your exchange visitor experience in the United States.
The two-year home-country physical presence requirement requires certain J-1 visa holders to return to their home country or country of last legal permanent residence for at least two years after they’ve completed their exchange program. This requirement must be fulfilled before they can change their status to a legal permanent resident, H or L visa holder, or certain other visa categories.
Whether you’re subject to the two-year home-country physical presence requirement depends on the specifics of your J-1 exchange visitor program. You may be subject if:
- Your program was financed in whole or in part by the U.S. government or your home country’s government
- Your field of study or expertise appears on the Exchange Visitor Skills List for your home country
- You received graduate medical education or training
To verify whether the two-year home residency requirement applies to you, check Form DS-2019 or consult with your program sponsor.
A J-1 waiver is a formal request to waive the two-year home-country physical presence requirement. If granted, it allows you to apply to change your status within the U.S. without needing to return to your home country for two years. There are five bases upon which one can apply for a J-1 waiver:
- No Objection Statement from your home country’s government
- Request by an Interested U.S. Federal Government Agency on your behalf
- Exceptional Hardship to a U.S. citizen (or legal permanent resident) spouse or child if the J-1 holder were required to fulfill the residency requirement.
- You have a valid reason to believe you’ll suffer persecution based on race, religion, or political opinions if you return to your home country
- Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program), which applies to medical doctors who commit to serving in underserved areas
To apply for a waiver, you must a waiver application and supporting documents. It’s important to note that each waiver basis has distinct eligibility requirements and application processes.
Yes, they are subject to the same requirement but are included in the primary applicant’s waiver application.
A No Objection Letter is a formal statement from your home country’s government that states it consents to waive the two-year home residency requirement. To receive a No Objection letter, you must reach out to your home country’s embassy or consulate.
Once you have been issued a case number by the Department of State (DOS), the embassy of your home country can then forward the No Objection Statement on your behalf. The No Objection process typically spans from five months to a year, depending on the operational pace of your home country’s government.
Should your home country refuse to issue a No Objection Letter, you can explore other waiver bases for which you may qualify.
Your application must include all DS-2019/IAP 566 forms issued during your exchange visitor program and the application fee. Required documents vary based on the type of waiver you’re applying for. Some examples of supporting documentation include:
- A No Objection Statement from your home country’s government.
- A request from an Interested U.S. Federal Government Agency.
- Evidence of exceptional hardship to your U.S. citizen spouse or child, if applicable.
- A request from a Designated State Public Health Department, if applicable.
The DS-3035 form processing fee is $120, non-refundable, payable via check or money order to the U.S. Department of State. Payments must be made from a U.S. bank, or in U.S. currency if from outside the U.S. Dependents (J-2 visa holders) included in your application are not charged additional fees by the USCIS.
If a waiver request is denied, a new fee must be paid for subsequent applications, although you will use the same case number.
If your application is denied under one basis, you may be able to reapply under a different basis that you qualify for. You may also be able to reapply if you have new
factors of hardship, such as the birth of a child. Depending upon the type of waiver that you applied for, you may also have the option of appealing your case. Working with an experienced immigration attorney to find the best basis for your specific circumstances is the best way to avoid choosing a basis you may not qualify for and increasing the chances of a successful application.
One of the most common reasons why an application may be denied is if the applicant’s reasons for requesting a waiver don’t sufficiently outweigh the benefits of returning to their home country to fulfill the two-year home residency requirement–especially if your J-1 program received U.S. government funding.
This is why it’s extremely important to hire an attorney specializing in J1 waivers who knows how to prepare a compelling legal argument demonstrating exceptional hardship. Other common reasons include a lack of compelling evidence in the case of persecution or hardship waivers, or new information arose that affected your eligibility.
You cannot apply for a waiver on the grounds of both exceptional hardship and persecution simultaneously. Choose the basis that best fits your situation and keep in mind that if you’re denied, you may reapply under the other basis for an additional fee.
The processing times for a J-1 visa waiver can vary depending on the basis you’re applying under, ranging anywhere from 4-8 months for some cases to two years or longer for Exceptional Hardship. It’s important to plan ahead and submit your application on time to avoid any potential delays or complications in status adjustment.
Contact USCIS to check the status of your Form I-612.
Physicians may apply under the Interested U.S. Federal Government Agency basis or the Conrad State 30 Program. It’s important to understand the requirements of each type of waiver to choose the one that best applies to your situation.
You can check your application status on the J Visa Waiver Online website using your waiver case number.
No, processing fees are non-refundable.
You can find the skills list on the U.S. Department of State’s website. It defines fields of specialized knowledge and skills for development in the exchange visitor’s home country.
For more detailed information or questions regarding your specific case, please schedule a consultation with the Ranchod Law Group at (916) 613-3553 or email us at info@ranchodlaw.com.