The J-1 Exchange Visitor Program is a cultural exchange program allowing participants to come to the United States for temporary work or study. However, in certain situations, participants may need a J-1 waiver to avoid the two-year home-country residency requirement. This article will discuss the J-1 waiver process, including the role of an advisory opinion, and guide exchange program participants who may need to pursue a waiver.
What is the J-1 Waiver?
The J-1 Waiver is a process that allows J-1 Exchange Visitors to avoid the requirement of returning to their home country for two years before they can apply for another visa or green card. This requirement applies to participants subject to the two-year home-country residency requirement.
Who is Subject to the Two-Year Home Country Residency Requirement?
Participants who receive funding from the US government, their home country government, an international organization, or whose program is on the Skills List are subject to the two-year home country residency requirement. Participants subject to this requirement must return to their home country for at least two years before they can apply for another visa or green card.
What is the Advisory Opinion?
An Advisory Opinion is a recommendation the Department of State issued regarding an exchange visitor’s eligibility for a J-1 Waiver. It is not mandatory, but it is highly recommended that exchange program participants obtain an Advisory Opinion before submitting a waiver application.
How to Apply for an Advisory Opinion?
Exchange program participants can apply for an Advisory Opinion by completing Form DS-3035 and submitting it to the Waiver Review Division of the Department of State’s Bureau of Consular Affairs. The form should be accompanied by a statement of the reason for the waiver and supporting documentation.
What are the Grounds for a J-1 Waiver?
Exchange program participants may qualify for a waiver on one of five grounds:
- No-Objection Statement: Participants can obtain a No-Objection Statement from their home country government, indicating that the government has no objection to the participant not fulfilling the two-year home country residency requirement.
- Persecution: Participants can apply for a waiver if they can demonstrate that they would be persecuted in their home country if required to return there for two years.
- Exceptional Hardship: Participants can apply for a waiver if they demonstrate that fulfilling the two-year home country residency requirement would result in extraordinary hardship for their US citizen or permanent resident spouse or child.
- Interested Government Agency: Participants can apply for a waiver if an interested US government agency requests it, based on the participant’s skills or knowledge.
- Medical: Participants can apply for a waiver if they demonstrate that fulfilling the two-year home country residency requirement would endanger their health or the health of their US citizen, permanent resident spouse, or child.
How to Apply for a J-1 Waiver?
Exchange program participants can apply for a J-1 Waiver by completing Form DS-3035 and submitting it to the Waiver Review Division of the Department of State’s Bureau of Consular Affairs. The form should be accompanied by a statement of the reason for the waiver, supporting documentation, and the applicable waiver application fee.
How Long Does it Take to Obtain a J-1 Waiver?
The processing time for a J-1 Waiver varies depending on the grounds for the waiver and the workload of the Waiver Review Division. It can take several months to over a year to obtain a release.
What Happens After Obtaining a J-1 Waiver?
After obtaining a J-1 Waiver, participants can apply for another visa or green card without fulfilling the two-year home country residency requirement. It is important to note, however, that obtaining a waiver does not guarantee that another visa or green card will be granted.
Can Exchange Program Participants Apply for a J-1 Waiver on their Own?
Exchange program participants can apply for a J-1 Waiver on their own, but it is highly recommended that they seek the assistance of an experienced immigration attorney. The waiver process can be complex, and an attorney can provide valuable guidance and assistance.
How Much Does a J-1 Waiver Cost?
The cost of a J-1 Waiver application varies depending on the grounds for the waiver and other factors. The current fee for a J-1 Waiver application is $215.
Are there any Time Limits for Applying for a J-1 Waiver?
Exchange program participants must apply for a J-1 Waiver before the expiration of their J-1 visa. If their visa has expired, they must apply for the waiver within 12 months.
What Happens if a J-1 Exchange Visitor Fails to Fulfill the Two-Year Home Country Residency Requirement?
Suppose a J-1 exchange visitor fails to fulfill the two-year home country residency requirement. In that case, they will be ineligible for certain US visas and green cards until they satisfy the need or obtain a waiver.
How to Avoid the Two-Year Home Country Residency Requirement?
Exchange program participants who wish to avoid the two-year home country residency requirement should ensure that their program is not on the Skills List and do not receive funding from the US government, their home country government, or an international organization.
Conclusion
The J-1 Waiver process can be complex and challenging. Still, it is necessary for exchange program participants who wish to apply for another visa or green card without fulfilling the two-year home country residency requirement. Participants should seek the assistance of an experienced immigration attorney to guide them through the process and ensure that their application is complete and accurate.
