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J-1 Waivers

Many J-1 scholars find themselves with a two-year home residence requirement which they must satisfy before switching to certain working visas or permanent residence. There is however, the possibility to waive this requirement by applying to the Department of State for a J-1 waiver based on one of the approved grounds

J-1 Waiver Based on Support From an IGA: Guidelines from USDA

One approach for obtaining a waiver of the J-1 2-year home residency requirement relies on support from an Interested Government Agency (IGA) One of four possible grounds for a J-1 waiver includes the support of an interested United States Government agency.  According to the regulations, the foreign national applicant must be “actively and substantially involved… read more

Fulbright J-1 Waivers: Not Happening

Fulbright J-1 Waivers are rarely approved As we prepare to send off yet another J-1 waiver application to the Department of State for an “extraordinary ability” cancer researcher on a J-1 visa funded by Fulbright Australia, we are worried that we are going to hit another wall for this Fulbright scholar even though our application… read more

J-1 US Government Funding: Consular Officers Make Mistakes

Which J-1 programs carry U.S. government funding that triggers the 2-year home residence requirement? As you know, the 2-year home residence requirement attaches to certain J-1 visas where the program is financed in part or in whole by either the exchange visitor’s government or the U.S. government. The classic example is the Fulbright program which… read more

J-2 waivers for J-2 dependents who are no longer dependents

J-2 dependent spouses and children of J-1 visa holders with the two-year home residence requirement are also charged with independently satisfying that requirement. So even if the J-1 visa holder returns home for two years, the J-2 spouse and children must accompany the J-1 to satisfy their own two year requirement. But not in all… read more

J-1 Waiver: Timing is Everything

Correct sequence and timing for filing the waiver of J-1 2-year home residence requirement vis a vis a green card petition is both tricky and critical. Yesterday we met with a researcher from Australia who is completing a Ph.D. in engineering on a fellowship in J-1 visa status with a two-year home residence requirement. This researcher… read more

J-2 Waiver Age Out

Age-out J-2 waiver – Ask Dept. of State for help! If you entered the U.S. as the dependent child of a J-1 visa holder to whom the 2-year home residence requirement is attached, you, too, will be subject to that 2-year home residence requirement. However, once you turn 21 you will no longer be a… read more

What Triggers the J-1 Home Residency Requirement?

U.S. government financing of J-1:   Waiver always required – well not really Not all U.S. government financing is created equal. There is a definition of what government financing creates the 2-year home residence requirement of the J-1 exchange visitor visa and it is not all government financing. The financing must be either directly from… read more

Avoiding J-1 Home Residence Requirement

J-1 Tip:  Avoid 2-year home residence requirement if you’ve resided in more than one country Did you ever notice that the Form DS-2019 asks for your last legal permanent residence? If you are a national whose country and skills are listed on the skills list, with a mandatory two-year home residence requirement, perhaps you spent… read more

Fulbright J-1 waivers: Timing

Yesterday I met with a couple from Venezuela. She is here on a J-1 completing her Ph.D. studies. Her husband is on a J-2 with an EAD or work permit. She had completed her M.S. studies on a J-1 with a Fulbright. She asked an excellent question that invariably comes up when evaluating all aspects… read more

No Objection Statement

Comments have come in as to where and when to obtain the No Objection Statement for a J-1 waiver regardless of whether the funding comes from the home country or the U.S. All No Objection Statements must be obtained from the Embassy of the home country located in Washington DC. The actual statement should be… read more