US Immigration Blog

The J-1 Visa allows students and Scholars to enter the United States on an Exchange Program.  The period of stay on J-1 status is denoted on the forms provided  by the sponsor.  Most, but not all, J-1 Visa holders are then required to depart the United States for a period of two years upon completion of their program. INA section 212(e).  If the two year home residence applies to a given Applicant, the visa on the passport will also have language to the effect that Section 212(e) applies.  In some cases you may deemed to be subject to the two year home residence requirement anyhow, if your country has your occupation on the “skills list” – meaning occupations that the home country would require and therefore placing a tag on you as a person with such skills.

Exchange Students or Scholars may seek a waiver of the 2 year home residence requirement by completing a waiver application submitted to the United States Department of State.  If granted, the Scholar would then seek a change of Status to a new visa that would allow continued stay without leaving the United States.

There are four types of waivers:

1.  No Objection waiver- filed by showing the country of origin has no objection to the Scholars continued stay in the United States.

2.  Interested Government Agency (IGA) Waiver -where a government agency expresses an interest in hiring a skilled individual and requests a waiver of the 2 year home residence requirement.  Along with these are State agency requests fror waivers, along with what are referred to as Conrad -30 Waivers.

3.  Hardship Waivers- the Scholar shows a return to his country of origin would result in extreme hardship to himself.

4. Persecution waivers -  where the Scholar has to establish that he would be persecuted upon his or her return to the country of origin or nationality.

It is best to consult an Attorney familiar with the mechanics of filing a waiver suited to your case and the merits of each.  Some waivers, such as the persecution waiver, are filed directly with the USCIS.