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Last Updated On: January 17, 2024 | Published On: July 18, 2022
A J-1 visa waiver is sought in order to bypass the rule that requires J-1 holders to be physically present in their home country for two years. Our office often gets questions regarding J-1 visas, their waivers, and the best way for them to be approached for a favorable outcome. Common topics of discussion include what to do after receiving a J-1 visa waiver denial, processing and application-related inquiries, the different types of statutory bases, and more. In this post, we’ll answer 50 of the most frequently asked J-1 waiver questions. If your concern is not addressed in this J-1 visa FAQ post, it’s best to consult an immigration professional.
In most cases, exchange visitor sponsors inform concerned J-1 participants about this requirement. You are subject to the two-year home-country physical requirement if your J-1 exchange visitor program meets any of the following qualifications:
According to the Department of State Waiver Eligibility webpage, there are five bases that you can use to apply for a waiver. You can only apply under one of those five grounds. Before filing an application for a waiver, you will need to review the requirements and select the appropriate basis for your own case. The five bases are as follows:
A “no objection” letter indicates that the applicant’s home country government permits waiving the two-year home residency requirement. This statement can be obtained by first contacting your home country’s consulate at the embassy. After obtaining a case number from the Department of State (DOS), you could then have your home country’s embassy submit the statement.
You can apply for your J-1 visa waiver by completing the DS-3035 form. The application form can only be submitted physically through mail at this time. Online submission is not available. However, before submitting the waiver, you should research the requirements for your country of origin. This is very important as requirements vary dramatically from country to country.
You should submit your application with copies of all DS-2019/IAP 566 forms issued to you as well as your application fee. Others include proof of eligibility under the waiver basis you are applying for (e.g. the No Objection Statement from your home country or proof of persecution). However, the entire list of supporting documents will depend on the type of your waiver request. For example, you may have to submit:
You will need to pay a nonrefundable DS-3035 form processing fee of $120. You can pay this fee by a check or a money order addressed to the U.S. Department of State. Your payment should be initiated from a bank located in the U.S. However, if you are making a payment from outside the U.S., the fee must be paid in U.S. currency.
The USCIS does not charge any fees for waiver applications related to dependent J-2 spouses or children that are part of your waiver application.
Unfortunately, the fee is a processing fee, meaning it is for each application filed whether approved or denied. You will have to pay another processing fee for your new waiver application. However, you should use the same case number you used in the first application for any subsequent requests you will submit.
While all cases may vary depending on the circumstances, the no objection process can take anywhere from a few months to six months. The processing speed is determined by how fast your home country’s department operates.
If the government in your home country will not issue a No Objection letter on your behalf, then you may apply for a waiver under one of the other available bases, if your situation qualifies. In the event that your government doesn’t issue a No Objection Statement and you do not qualify under another basis, then you must fulfill the two-year home-country physical presence requirement.
Unlike other types of decisions that you can appeal, since so much attention is given to J-1 visa decisions, you cannot appeal a denial. The good news is that if your application was denied under one basis, you can review the other available bases and reapply for a waiver under the one you are most qualified for.
Your waiver application can be denied when the reasons you gave for the waiver do not outweigh the home-country physical presence program and foreign considerations of the J-1 exchange visitor program. For this reason, waiver applications from J-1 participants who received the U.S. government funding are generally denied.
There are five bases you can apply for a waiver under. They include a “no objection” statement from the home country, an IGA waiver, claim of persecution, and claim of exceptional hardship. To get a better explanation of each one of these statutory bases, click on the links in blue. Some applicants may qualify for multiple bases for a waiver, if you are one of those cases, it would be best to consult an immigration attorney on the best course of action.
No. As much as the two bases appear to be somewhat similar, they have different eligibility criteria. If your situation makes you qualify for a waiver under both persecution and exceptional hardship to your U.S. citizen or permanent resident child or spouse persecution, you will have to choose one out of the two bases and apply accordingly. If your waiver is denied for one, you can always reapply through the other, though a new processing fee will be required.
The processing times vary, depending on the recommendation basis you are requesting for a waiver and how well-filed your application is. The estimated processing time can be four to eight weeks under recommendation bases like State Public Health Department, Interested U.S. Federal Government Agency, and No Objection Statement. For Persecution and Exceptional Hardship, the processing time ranges from three to four months, so it’s important to plan accordingly and submit your waiver request with enough time to spare.
The length of a J-1 visa program is dependent on the program category you’re in and the program sponsor. If you are a high school student under J-1 status, that duration could be as little as one year. However, for professors, scholars, and other specialized professionals, the duration period is usually up to five years.
A 30-day grace period also extends after the visa validation period so that you can get your affairs in order before leaving the U.S.
The grace period once your J-1 visa status expires is 30 days. After that point, you are no longer ‘legally’ in the country. Being considered “out of status” can have serious ramifications, including possible deportation. This could impact your ability to return to the U.S. in the future. Unlawful presence in the U.S. can lead to penalties and fines and, in some cases, to deportation.
The requirements state that before you can apply for a J-1 visa, you must have a program sponsor and have been accepted into their Exchange Visitors Program. This applies to both students and workers who wish to work in the U.S. under J-1 status. You cannot proceed with your waiver request if you do not have a sponsor.
In order to successfully obtain a J-1 visa, you are responsible for the visa issuance fee if your current country charges U.S. citizens for a similar type of visa. For instance, the United Arab Emirates charges U.S. citizens $52 to obtain a J-1 visa for the UAE.
In general, however, if you do not need a waiver, then it will cost you a total of $340 (DS-160 fee of $160 and SEVIS fee of $180). If you require the waiver, then it would cost you an additional $120.
Based on the terms of the J-1 visa, as a J-1 holder, you are allowed to work for your J-1 sponsor and not for another employer unless you’ve received a special authorization. In fact, you are not allowed to undertake any paid employment work in the U.S. either part-time or full-time.
If you do not plan to travel outside the U.S. and your visa has expired, then you don’t necessarily need to renew your visa. However, if you do travel outside the country and your J-1 visa is expired, you need to apply for a new one in your home country before you can reenter the U.S. to finish your program. Keep in communication with your J-1 visa sponsor because it’s their responsibility to assist you in those matters.
You should contact your supervisor whose name/phone is listed on Form DS-2019. In addition, if you are part of an educational institution in the U.S. you may have access to a visa team that may help you with your questions.
Not necessarily. You can find the locations of the sponsor organizations on the official website. Most sponsors assign participants to multiple locations in the United States. Thus, you can experience living in different cities and states of the U.S., which would allow you to obtain more knowledge and experience about the U.S.
You need a new visa to come back to the U.S. The immigration attorneys at VisaNation Law Group can help you navigate the complex process and ensure your J-1 visa is issued in time for you to reenter the United States.
This question really varies from case to case. Some J-1 sponsors require you to apply for a new visa and reenter the country before adjusting your status. It’s best to consult VisaNation Law Group’s immigration attorneys regarding a scenario like this.
Aside from having a program sponsor, a J-1 applicant has to demonstrate to the consular officer that they intend to stay in the U.S. for only a limited period and have the necessary monetary funds to cover all expenses within the country as well as social/economic ties to their home country.
You can refer to Forms IAP-66 and I-94 to determine your status. The abbreviation D/S on your I-94 indicates the duration of status (how long you can legally stay). For this reason, it is crucial to keep a track record of all of your communication with the USCIS. In many cases, if you are wanting to pursue a further immigration pathway in the U.S., you will be asked to provide evidence of your previous visits to the U.S.
If you are not able to acquire a J-1 visa before the maximum term expires, the employer may be able to apply for an O-1 visa on behalf of the J-1 holder. O-1 nonimmigrant visa is specially designed for people of extraordinary ability in sciences, arts, business, athletics, or television.
To learn about applying for an O-1 visa, click here.
No, they cannot. The child or spouse of the primary J-1 visa holder must enter after or at the same time as the primary beneficiary the first time. After that, the J-2 holder is able to travel to and from the U.S. freely with or without the J-1 visa holder.
They can work in the U.S. after filing an I-765 Application for Employment Authorization with USCIS. Once they receive approval, they’ll then be able to work legally. Otherwise, if a J-1 holder would undertake any employment opportunities, they could be accused of unlawful employment and be subject to serious consequences.
It does apply. Individuals who enter the U.S. as J-2 dependents are subject to the same restrictions as the J-1 holder. If the J-1 holder’s visa is terminated, then any associated J-2 visas will also be terminated.
The 2-year requirement must be fulfilled in the same country that you were living in while you received your J-1 visa status. Thus, you must return to your Country X and remain there cumulatively for 2 years. The time that you will spend in other countries other than Country X will not count towards your 2-year foreign residency requirement.
Yes, the time spent in the United States or a third country after the completion of your exchange visitor may count as a fulfillment of the home country presence requirement, but only on one condition. The time will count as a fulfillment of the requirement if you are employed by your home country’s government to serve in its military or foreign service in another country at the request of your home country’s government. You will have to get a letter to that effect from an official of your home country.
The State Department compiles this list and indicates the skills required by each country. You can find this list on this website here.
Yes. Because the duration of stay varies with each category and occupation, your program sponsor will have control over your stay. If you maintain the qualifications, then the sponsor will be able to extend your stay up to a maximum of five years.
This is a statement that’s issued by the WRD (Waiver Review Division) which declares whether you need to fulfill the 2-year residency requirement.
Mail copies of your forms and a request for the opinion to:
U.S. Department of State
CA/VO/L/W, Visa Services
2401 E Street, NW, (SA-1)
Washington, DC 20522-0106
Refer to the country in which you were a legal resident of at the time you obtained your J-1 visa to determine the answer. If you have dual citizenship, then refer to the list of which country you are planning to submit your immigration application from.
While this is a question best addressed by an immigration professional, it’s generally not a good idea to change your J-1 program. If you do change your program, you risk being subject to the 2-year restriction twice.
Luckily, filing I-140 or I-130 will not affect your status, and they allow you to obtain a Permanent Residency status in the future.
There are three scenarios in which you can do this. You can file an immigration petition and J-1 waiver concurrently, file the J-1 waiver first then a petition after it’s approved. Or, file the petition first, and then a J-1 waiver after the petition is granted.
There are grounds for termination of your J-1 visa, including failure to complete the exchange activities, failure to have insurance coverage that’s required under 22 CFR 62.14 and unauthorized employment.
For students, there is often a requirement that involves maintaining a certain grade point average. If the visa holder consistently fails to meet this standard, your visa could be terminated despite having more time available in your period of stay.
A threat of persecution can be based on any one of these grounds: race, religion, or political opinion. On this note, you must prove that you will be subject to persecution; not necessarily past persecution.
IGA refers to the interested government agency. This is a U.S. Federal Government Agency that has a vested interest in the visitor staying in the U.S. if they’re working on an assignment or project of interest to that agency.
The first step is for applicants to send their datasheet to the review division with two self-addressed envelopes and the appropriate fees.
At that point, DOS will send you your case number and instruction sheets for the waiver. You’ll be given further instructions thereafter.
Individuals who are subject to the foreign residency requirement who have also confronted the challenges regarding the “no objection letter” are those who usually seek an IGA waiver.
The categories include research scholars, professors, short-term scholars, students, and specialists. Be sure to speak with your immigration attorney and your program sponsor to learn what the requirements are for each category.
Some say the simplest procedure is through a “no objection” letter. Other options include waivers based on exceptional hardship and fear of persecution. Because the circumstances surrounding each case vary greatly, any method of obtaining a J-1 waiver may be the easiest.
Organizations, including educational institutions, private firms, research institutions and other agencies must be pre-approved by the DOS.
It’s best to contact the officer responsible for your exchange program in order to get copies.
The information that your program has been terminated will be submitted into SEVIS. From there you won’t have a grace period and will be required to leave the U.S. immediately or be considered “out of status”.
You need to notify your sponsor if you withdraw. They’ll then enter the information into SEVIS. Again, you will not have a grace period and will be required to leave the U.S.
All exchange visitors and/or accompanying dependents need to have health insurance coverage. If your program provides health coverage, you can then file a waiver for the mandatory insurance requirement.
Unless they are your children under 21 or a spouse, family members should apply for a B-1 or B-2 visitors visa to temporarily visit the U.S.
If you’re planning to travel, you need to first make sure that your DS-2019 is not expiring soon and that it’s been dated less than a year from the point of planned re-entry.
You can apply for the visa outside the country at a U.S. consulate. It is important to note, that you cannot apply from within the U.S.
No. Even if you have previously been on J-1 status, you can apply for another one assuming it’s been more than 2 years since the end of your last training program. USCIS does not put a limit on how many J-1 visa you can obtain, as long as you comply with the requirements every time.
CIP/CIP USA offer health insurance through their HTH Worldwide Insurance.
This question and others having to do with your salary are best posed to your sponsor. However, the IRS states that if you have been in the U.S. on a J-1 visa for a full calendar year, then you will be subject to income tax and will have to file Form 1040.
The lawyers at VisaNation Law Group have years of experience dealing with J-1 waiver cases. Have additional J-1 waiver questions or concerns? Fill out this form to schedule your immigration consultation.
The J-1 waiver application can be complex and rigorous due to the level of thoroughness required to convince the immigration officials of your eligibility. The VisaNation Law Group is here to help. VisaNation Law Group has a team of highly experienced J-1 visa attorneys with extensive knowledge of the waiver request application process.
Tags: J-1 visa
