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J-1 WAIVER

J-1 WAIVER

Global Allianz Immigration consultants will prepare and file all the required forms and documents for J-1 waiver.

Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. Normally, the physician must return to his/her own country for at least two years before applying for a permanent visa in the United States. A J-1 Visa Waiver eliminates the two year home residency requirement, allowing the physician to remain and practice in the United States.
There are five statutory basis upon which you can apply for a waiver of the two-year foreign residence requirement:-

  • A no objection statement from your host government, if needed, referred to as a “No Objection Letter” – takes an average of four months.
  • A request from an interested U.S. Government agency on your behalf, referred to as an International Government Agency Waiver – takes an average of four months.
  • A claim that you will be persecuted if you return to your country of residence, referred to as an Asylum Waiver – takes an average of nine months.
  • A claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if you are required to return to your country of residence, referred to as a Hardship Waiver – takes an average of nine months.
  • A request by a designated State health agency or its equivalent – takes an average of five months.

HOW TO APPLY

You can complete and print your J Visa Waiver Recommendation Application (Form DS-3035).
J-1 Waiver is Suitable For:-

Persons subject to two-year foreign residence requirement and want to change their status including:
Medical graduates who entered the U.S. on a J-1 visa and wish to remain in the U.S. beyond the authorized time for J status.
Foreign nationals participating in exchange programs funded by the U.S. government, foreign government or an international organization.
Foreign nationals in exchange programs for learning skills that are in short supply in foreign national’s home country.

  • J-1 visa holders subject to the two-year home residency requirement.
  • J-1 visa holders, if complying with foreign residence requirement would impose exceptional hardship upon their spouse or children (if such spouse or child is a U.S. citizen or a legal permanent resident).
  • J-1 visa holders with a no objection certificate from their home country government.
  • J-1 visa holders working on projects that are of interest to a U.S. Federal Government agency, and that agency has determined that the J-1 visa holder’s continued stay in the U.S. is vital to its programs.
  • J-1 physicians or medical doctors, with a request for waiver from a designated State Department of Health, or its equivalent.






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