J Visa Waiver of Home Country Residence Requirement

If the exchange visitor is subject to the two-year home-country physical presence (foreign residence) requirement, he or she cannot change his/her status to another non-immigrant status or adjust to that of lawful permanent resident (LPR), or apply for H, L, or K visa abroad, until he or she has returned to his/her home country for at least two years or received a waiver of that requirement.  Such waivers may be requested and if approved, obtained under these five separate bases:

1.  No Objection Statement: The Exchange Visitor's home country government indicates no objection to the EV’s remaining in the United States.

2. Exceptional Hardship: The foreign residence requirement would result in exceptional hardship to the Exchange Visitor’s U.S. citizen or permanent resident alien spouse or child.

3. Persecution: enforcing the requirement will result in persecution to the Exchange Visitor on the basis of race, religion or political opinion.

4.  Conrad Program: Request by a designated State Department of Public Health or its equivalent, CONRAD.

Note: Only foreign medical doctors who received their J-1 status to pursue graduate medical education or training may apply for a waiver under this basis.

5. Interested Government Agency: An interested government agency recommends the waiver as being in the public interest.

For information about waivers, eligibility and process, see Waiver of the J Visa Two-Year Foreign Residence Requirement 212(e).

Please visit Department of State website for detailed information on J Visa Waiver http://travel.state.gov/visa/temp/info/info_1288.html

To find out more on J visa waiver, please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation.

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.