If you are on a J-1 visa, you might be required to return to your home country for two years after your exchange program ends. This rule, known as the “two-year home-country physical presence requirement,” was designed to ensure that the purpose of the J-1 visa cultural and professional exchange truly takes place before you can stay permanently in the U.S.
However, you may not have to follow this rule if you qualify for a J-1 visa waiver. If you meet certain conditions, you can apply for a waiver and stay in the U.S. without returning home.
Law and Visas can assist you in completing your J-1 application, preparing for your visa interview, and answering any questions you might have. Read on to learn how we can help!
Are You Subject to the J-1 Home Residency Requirement?
Only some J-1 visa holders must return home for two years. There are specific situations that trigger the requirement. These include:
- Graduate Medical Training: This may apply to you if you received your J-1 visa for medical training or medical school.
- Government-Funded Program: If your exchange program was funded by your home country’s or U.S. government, you might be required to return.
- Special Skills: If you are trained in a specialized skill considered important for developing your home country, the U.S. Secretary of State may impose this requirement. You can find the list of skills on the U.S. Department of State’s website.
What Happens if You Are Subject to the Requirement?
If you fall into one of the above categories, the two-year requirement means you must return to your home country for two years after your program ends. During this time, you will not be able to:
- Apply for a green card (lawful permanent residency)
- Change your visa status (e.g., apply for an H-1B work visa or L-1 visa)
- Obtain temporary visas like the K-1 fiancée visa or L transferee visa
- Apply for an immigrant visa at a U.S. Embassy or consulate
However, if you want to stay in the U.S., there are ways to bypass this rule by applying for a J-1 visa waiver.
Who Can Get a J-1 Visa Waiver?
If you are required to return to your home country but want to stay in the U.S., you may qualify for a waiver. There are five main ways you can qualify:
1. Federal Agency Request
If you are involved in a project for a U.S. federal agency, the agency may submit a waiver request to the U.S. State Department. They must prove that your work is critical and that your return to your home country would negatively affect the project.
2. State Public Health Department Request
If you participated in medical training, a state public health department may submit a waiver request for you if you meet certain conditions:
- You have a job offer as an H-1B visa holder in a Health Professional Shortage Area (HPSA), Medically Underserved Population (MUP), or Medically Underserved Area (MUA)
- You agree to work full-time for at least three years in this role
This option is often called the Conrad 30 Waiver Program.
3. No Objection Statement from Your Home Country
If your home country agrees you don’t have to return, it can send a “No Objection Statement” to the U.S. State Department. This letter confirms that your government has no objection to you staying in the U.S. and adjusting your status to a permanent resident.
4. Persecution
You can apply for a waiver if you fear persecution upon returning to your home country based on your race, religion, or political opinion. You must provide evidence of the risk of persecution in your country.
5. Exceptional Hardship
If returning to your home country would cause exceptional hardship to your U.S. citizen, permanent resident spouse, or child, you may qualify for a waiver. This is not just about separation; the hardship must be serious and significant.
How to Apply for a J-1 Visa Waiver
To apply for a J-1 waiver, you must file the DS-3035 form (Online J-1 Visa Waiver application). If you apply for a waiver based on exceptional hardship or persecution, you must also file Form I-612.
Here’s a simple guide to the process:
Step 1: Complete Form DS-3035
This is the first form you must submit, and it’s required for all J-1 waiver applications. You’ll need your SEVIS number and I-94 number.
Step 2: Submit Form I-612 (if applicable)
If you are applying for a waiver based on exceptional hardship or persecution, complete Form I-612 and send it to U.S. Citizenship and Immigration Services (USCIS). Afterward, USCIS will forward your application to the Waiver Review Division.
Step 3: Provide Supporting Documents
You’ll need to submit documents to support your waiver request along with your application. This can include:
- Your I-94 form (Arrival/Departure Record)
- Copies of your DS-2019/IAP-66 forms (if applicable)
- Evidence of your claim (e.g., proof of persecution, hardship, etc.)
If you are applying for a hardship waiver, you must prove your relationship to your U.S. citizen or permanent resident spouse or child.
Step 4: Pay Fees
Both forms have filing fees. Form I-612 costs $1,100, while Form DS-3035 requires a $120 fee.
Step 5: Wait for Processing
Once you have submitted all the forms and documents, the State Department’s Waiver Review Division will process your application. The processing times depend on the type of waiver request. For example:
- Conrad 30 Program: 12 to 16 weeks
- Exceptional Hardship: 36 to 52 weeks
- Persecution: 12 to 16 weeks
- No Objection Statement: 12 to 16 weeks
- Federal Agency Request: 8 to 12 weeks
Once the Waiver Review Division has processed your application, they will send their recommendation to USCIS. USCIS will then make the final decision. If your application is approved, you will be exempt from the two-year home-country physical presence requirement, and you can proceed with applying for a green card (if you choose).
Navigating the J-1 visa waiver process can be complicated, but staying in the U.S. is possible if you qualify. Law and Visas is here to help guide you through the process, ensuring you submit the right forms and documents to maximize your chances of success.
If you’re unsure whether you qualify for a J-1 waiver or need assistance with your application, contact us today to start the process.
