J-1
waiver application or J-1 visa waiver application
can used by aliens in the U.S. on J-1 visa, who subject to the Two-Year
Home Residency Requirement (HRR) found in Section
212(e) of the Immigration and Nationality Act. Under the Section
212(e), before a person on a J-1 visa with the two-year home residency
requirement can change to an nonimmigrant status, the J-1 visa alien
must either return to the country of last residence for two years or
obtain a J-1 waiver.
There
are a variety of options for J-1 waiver application. The simplest
procedure of a J-1 waiver is through a letter of "no-objection" from
the alien's government, so it is called
no-objection J-1 waiver. Other J-1 waivers can be
issued through interested U.S. government agencies - any U.S. federal
government agency which is willing to apply for the J-1 waver for the
exchange visitor. Also, J-1 waiver can be granted based on Exceptional
Hardship or Fear of Persecution claims. For medical
doctors, there are also J-1 waiver programs through certain federal and
state government agencies for physicians employed in a designated
health care shortage area.
J-1
visa exchange visitors are generally made aware of
the two-year home residency requirement, when they agree to participate
in J-1 visa exchange visitor programs or at their J-1 visa interviews.
However, if you are unsure whether this requirement applies to you or
your situation, you should request in writing to the Department of
State's Waiver Review Division to have an advisory opinion. An J-1
Advisory Opinion is a review of your exchange
visitor program documents to determine if you are subject to the HRR
requirement.
We
are the premier online resource where the J-1 visa waiver application
process of how to file an J-1 waiver application for exchange visitors
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Package for J-1 Waiver Application. We provide J-1
Waiver DIY Package and various J-1 waiver application resources, and
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J-1
Visa Waiver Application Resources for Two-Year
Home Residency Requirement
Several
factors determine whether or not one is subject to the J-1
visa two-year home residency requirement. These
include funding by the U.S. or a foreign government; whether one's
field of expertise is on the "skills list" for the alien's home
country; and whether the program involves graduate medical training,
such as a residency program. As a current or past exchange visitor of
J-1 visa holder, you may subject to the two-year home-country physical
presence requirement, also known as the foreign residence requirement
under U.S. law, for one or more of the following reasons:
-
Government
funded Exchange Program - you participated in an exchange program that
was 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.
-
Specialized
Knowledge or Skill - you participated in an exchange program involving
an area of study or field of specialized knowledge that has been
designated as necessary for further development of your home country
and appears on the Exchange Visitor Skills List for your home country.
- Graduate
Medical Education/Training - you participated in an exchange program to
receive graduate medical education or training.
The
J-1 waive options are not
mutually exclusive, and it is possible for an alien to base his/her
waiver request on more than one of them, but normally requests are
based on only one of the reasons. An alien, who believes that a U.S.
Government agency may be officially interested in his or her case and
may wish to request a waiver on his or her behalf, should inquire
directly to that agency concerning such request. If you are subject to
the J-1 two-year home residency requirement, you can apply for a J-1
waiver, or you are required to fulfill this requirement by returning to
your home country for a cumulative total period of at least two years.
At
GreenCardApply.com, we are dedicated to providing the best resources
for J-1 waiver application, and we make every useful information
available to help you prepare your J-1 waiver
application. Our high quality Do-It-Yourself
Package for J-1
Waiver Application, samples of reference letter, and
samples of cover
letter will greatly help your application process.
As
added value in the Complete Do-It-Yourself Package for J-1 Waiver
Application, we provide comprehensive instructions on J-1 waiver
application requirements and processing, and we also let you know the
required application documents, evidence, procedures, samples of
recommendation letter and J-1 program sponsor letter, samples of
required forms, and detailed explanation of the J-1 waiver application
related forms and issues for different J-1 waiver options.
