You might know about the two-year home residency condition if you are already in the J-1 category, or thinking of getting one. This article will teach you what it is, who is exempt from it, and how you can get a waiver. Let’s also see how to apply for a J-1 visa waiver and what this is.
What Is The J-1 Two-Year Home Residency Limit?
This J-1 visa is used by anyone involved in an exchange program in the US (for example, students, researchers, or doctors). “Two-year home-country physical presence requirement” is one of the terms of the J-1 visa. According to this regulation, some J-1 holders must stay in their native country for two years after their exchange program ends before being eligible for a U.S. work visa or permanent residence.
This ensures that the J-1 visa holder engages in effective cultural or educational exchange and contributes to the improvement of their home country before requesting to stay in the U.S.
Who Must Meet the J-1 Two-Year Home Residency Limit?
J-1 visas are not all included in the two-year home country physical presence requirement. Three circumstances set off this rule:
Medical Trainee (Graduate Medical Training): If you were on a J-1 visa for medical training (i.e., medicine, nursing, or public health).
Government Support: If your exchange program was funded directly or indirectly by your national government or the U.S. government.
Specialization for Home Country: If your program included the learning of a specialized field that the U.S. Department of State finds to be relevant to the development of your home country’s national interests.
If you are one of these individuals, you’ll need to stay in your country for two years to get another US visa or permanent residency. This rule is very limited if you want to stay in the U.S. permanently.
How to Skip the J-1 Two-Year Home Residency Criteria?
This requirement can be an uphill battle, but there are some circumstances where you can qualify for an exemption from the two-year home-country physical presence requirement. Here are the most frequent waivers:
1. Federal Agency Request
If you are doing a project for a U.S. federal agency, its director can ask for a waiver on your behalf. The agency has to prove that your project will be hurt if you go back to your country.
2. State Public Health Department Indemnity Request (Conrad 30 Waiver Program)
This waiver is intended only for J-1 visa holders who are graduated medical doctors. If you have a job offer in a low-served community in the United States, a state public health office can petition for a waiver. To qualify, you must:
Are working full-time in an HPSA or MUA?
Make it your commitment to 40 hours of work per week, a minimum of 3 years.
Get your job 90 days from your waiver date.
3. No Objection Statement
You can send a “No Objection Statement” to the U.S. State Department if your country doesn’t object to you bypassing the two-year window. This document should show that your home country does not object to you not coming back after your program and that they have no problem with you changing your status to permanent resident.
4. Persecution
You can request a waiver if you are afraid to return home because you are at risk of persecution (for your race, religion, or political belief). And you will have to show proof of the persecution.
5. Exceptional Hardship
If relocating back home would make your U.S. citizen or permanent resident spouse or child very uncomfortable, you can apply for a waiver. That suffering must be great, not merely one of emotional hurt caused by separation.
How to Get a J-1 Waiver Applying for a J-1 Waiver?
Filling out several forms and documents is required to obtain a waiver of a J-1 visa. Here’s a step-by-step breakdown:
Step 1: Complete Form DS-3035 Fill In Instructions.
This is the principal application for a J-1 visa waiver, Form DS-3035. It can be completed online. You will have to input your SEVIS number, I-94 number, and more. Once you’ve filled in the form, print the application (the barcode included) and submit it along with your documentation.
Step 2: Filing Form I-612 (If Required)
If you’re requesting a waiver because of extreme hardship or persecution, you’ll also have to submit Form I-612 (Application for Waiver of the Foreign Residence Requirement). This is a form needed for those who want waivers based on extreme hardship or fear of persecution.
In addition to the form, you’ll need to supply a list of specific supporting documents – evidence of your spouse’s or children’s U.S. citizenship, medical records, etc.
Step 3: Deposit Application Fees.
The two principal charges of waiver are:
DS-3035 Application Fee: Non-refundable $120 application fee.
I-612 (If Required): A $1100 filing fee.
These fees are the ones you’ll have to pay along with your application, sometimes additional biometric fees as well.
Step 4: Submit Supporting Documentation
The documentation you need will vary depending on what your waiver request is based on. Common documents include:
DS-2019/IAP-66 copies of previous forms.
A letter of introduction about yourself as a reason to ask for the waiver.
if you’re applying for extreme need, proof of U.S. citizen or permanent resident spouse and child.
Step 5: Know About Your Application Status.
You can monitor your waiver application online after you have submitted your application. You’ll need your case number to reference for updates.
And What Happens Once You Receive A J-1 Waiver?
The Waiver Review Division of the U.S. Department of State will consider your application and recommend you. This evaluation can take 4–52 weeks, depending on why you want to file a waiver. You will be notified if more details are required.
When the Waiver Review Division recommends your case, it goes to U.S. Citizenship and Immigration Services (USCIS) for the decision. If your waiver is granted, you won’t be required to meet the two-year home-country limit, and you might be able to convert to a permanent resident if you choose.
End of Story: Can You Skip the J-1 Two-Year Requirement?
If you don’t want to juggle your J-1 visa with the two-year home residency requirement, you can work around that. But the selection process is complex and not everyone will get in. This is the most important aspect to know about the waivers and the supporting documents that you need to have a better shot at approval.
If you have questions or require guidance, you can always get help from an immigration lawyer or service like Law and Visas who can guide you through the application and help you decide on your J-1 visa status.
