TheVISAGeek™ is the pen name for Ann L. Lipson, a U.S. Immigration attorney with 25+ years experience.
Ann represents and advises business and individual clients worldwide from her base in the greater San Francisco Bay Area.
She is a member of the American Immigration Lawyers Association.
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111 N. Market St., Suite 300
San Jose, CA 95113
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201 Spear St., Suite 1100
San Francisco, CA 94015
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Soquel, CA 9507
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 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
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 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
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
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
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
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
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
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