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J Visa Waiver

J Visa Waiver of the 2 Year Home Country Physical Presence Requirement

Overview

Some J-1 visas holders must return to their home country for two years after their program expires. If a person instead wishes to change status to H1B or to apply for a green card, he or she can apply for a waiver.

Who is Subject to the Residency Requirement

You are subject if one or more of the following applies:

  • Specialized Knowledge or Skill – You participated in a program you’re your home country has listed as needed for further development and appears on the Exchange Visitor Skills List for your home country.

  • Government funded Exchange Program - You participated in a program funded in whole or in part by a U.S. government agency, your home country’s government, or an international organization that received funding from the U.S. government or your home country’s government. A Fulbright is a classic example that will trigger this requirement.  

  • Graduate Medical Education/Training - You participated in a program to receive graduate medical education or training.

How Do I Apply for a Waiver?

There are five different ways to qualify but the most common is the no objection statement.  This is generally granted for applicants whose home residency was triggered due to having specialized knowledge or skill. 

You begin the application process with the US Department of State, explaining why you are applying for the waiver. Your home country’s embassy in Washington, DC may then issue a statement of no objection to the Waiver Review Division.  As long as your country has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident of the United States, your case has a very high chance of being granted.

What Is the Advantage to Having a Waiver?

There are several benefits to obtaining the waiver. 

  • You do not need to return to your home country for the two year period

  • You can file to change status to H-1B or L-1

  • You can file for a green card either in the US or via the US consulate in your home country or a fiancée visa

What if the Waiver Request is Denied?

You may do any of the following: 

  • Return to your home country for two full years and then apply to return to the US

  • Obtain a visa for O-1 extraordinary ability or F-1 student

  • Note that you may still visit the US during the two year period, but this period will not count towards satisfying the physical presence requirement

Scheduling a Consultation

We know how important remaining in the US can be to maintain a professional trajectory or to personal relationship. We have helped numerous applicants obtain the no objection waiver. Please reach out for a consultation if this requirement is an issue for you!