OF THE TWO-YEAR FOREIGN RESIDENCE REQUIREMENT
PERTAINING TO EXCHANGE VISITORS ON THE J-1 VISA
US Department of State J-Visa Waiver Web Site
visitors may be subject to the two-year foreign residence requirement of Section
212(e) of the Immigration and Nationality Act, as amended, for one or more
of the following reasons:
a. They received
funding from the United States Government, their own government, or an international
organization in connection with their participation in the Exchange Visitor
b. The education,
training, or skill they are pursuing in this country appears on the Exchange Visitor Skills List (2009) for their country.
c. They acquired
J-1 status on or after January 10, 1977, for the purpose of receiving graduate
medical education or training.
visitors who are subject to, but do not wish to comply with, the two-year
home country residence requirement, may be eligable for a waiver of that requirement
under any one of the five applicable grounds provided by the United States
immigration law. The Law Office of Paul B. Christensen, P.A. will be pleased to analyze your case to deterime if you qualify for a J Waiver.
Objection" Statement From the Home Government
law precludes use of this option by medical doctors listed in "c" above.
visitor's government must state that it has no objection to the exchange visitor
not returning to the home country to satisfy the two-year foreign residence
requirement of Section 212(e) of the Immigration and Nationality Act, as amended,
and remaining in the U.S. if he or she chooses to do so.
by an Interested (U.S.) Government Agency, or IGA
If an exchange
visitor is working on a project for or of interest to a U.S. Federal Government
agency, and that agency has determined that the visitor's continued stay in
the United States is vital to one of its programs, a waiver may be granted
if the exchange visitor's continued stay in the United States is in the public
applications on behalf of foreign physicians who agree to serve in medically
underserved areas, please refer to Federal Register Volume 62, No. 102 of
May 28, 1997.
If the exchange
visitor believes that he or she will be persecuted upon return to the home
country due to race, religion, or political opinion, he or she can apply for
hardship to a United States Citizen (or Permanent Resident) Spouse or Child
of an Exchange Visitor
If the exchange
visitor can demonstrate that his or her departure from the United States would
cause extreme hardship to his or her United States citizen or lawful permanent
resident spouse or child, he or she may apply for a waiver. (Please note that
mere separation from family is not considered to be sufficient to establish
by a Designated State Department of Health, or its Equivalent
law permits only medical doctors to apply for a waiver on this basis.
to the requirements of Public Law 103-416, of October 25, 1994 and Public
Law 107-273, of November 2, 2002, foreign medical graduates who have an offer
of full-time employment at a health care facility in a designated health care
professional shortage area, and who agree to begin employment at the facility
within 90 days of receiving such waiver, and who sign a contract to continue
to work at the health care facility for a total of 40 hours per week and not
less than three years, may apply for a waiver.
For more information on J-Waiver qualifications and procedures, please contact The Law Office of Paul B. Christensen, P.A.