how to waive j1 visa

How to Apply for a J1 Waiver

1. Complete the online J1 Visa Waiver recommendation application (Form DS-3035) A completed online Form DS-3035 is the...
2. Mail in completed DS-3035 with application fee In addition to your completed and signed Form DS-3035, you will also...
3. Provide supporting documents for your J1 waiver basis

Full Answer

What are the requirements for the J1 visa?

• You have a no-objection statement from your country.
• You have a request for work by an interested US federal government agency.
• You may be persecuted if you go back to your country.
• Your US citizen spouse and children may suffer exceptional hardship if you go back.
• You have a request to stay from the Conrad State 30 Program.

Can an employer revoke a J1 visa?

Yes, in case your employer is your J1 visa sponsor as well, he can revoke your J1 visa. However, if your employer is not your sponsor, then you can request your sponsoring agency to intervene, even if the employer doesn’t wish to continue your J1 status. I am sure you’ll find a way. All the best!

Can I travel outside the US on a J1 visa?

While you are studying at IUPUI you may want to travel outside the United States: But, before you pack your luggage, there are some steps you need to take to protect your J-1 status. Before you leave the country, make sure you have a valid travel signature from an OIA advisor or your program sponsor on your DS-2019.

Is a visa sponsor allowed to terminate a J1 visa?

Yes, sponsors have the ability to terminate a J1 visa and do not need to consult any authorities or government agency prior to doing so. Your only real recourse, should a sponsor decide to terminate your visa, would be to contact the US Department of State, which oversees the program.

Who qualifies for J1 waiver?

J-1 Visa Waiver for Physicians Requirements: The doctor must receive a contract from an approved health care facility. The health care facility is required to be categorized as a Professional Shortage Area, Medically Under-served Area, or Medically Under-served Population.

How do you get a J visa waiver?

How to Apply for a J1 WaiverComplete the online J1 Visa Waiver recommendation application (Form DS-3035) A completed online Form DS-3035 is the only acceptable format of the J1 waiver application form. ... 2. Mail in completed DS-3035 with application fee. ... Provide supporting documents for your J1 waiver basis.

Can I get J1 waiver?

J-1 visa holders who are pursuing graduate medical training or education in the U.S. can request a waiver through the Conrad State 30 program, in which you work for three years at a health care facility in an area with a health care professional shortage.

How long does it take to get a J-1 waiver?

4 to 6 weeksA: According the State Department's website, a waiver based on a request from a State health agency may take 4 to 6 weeks once all necessary documents have been submitted.

Can I stay in U.S. while waiting for J-1 waiver?

J-1 Status Expiration While Waiting for Green Card If your J-1 status expires before an immigrant visa number becomes available, you will need to get a J-1 extension or apply to change your status to another nonimmigrant visa in order to continue staying in the U.S. while the green card application is pending.

Can J-1 waiver be denied?

Applications are denied because the reasons given for requesting the waiver do not outweigh the program and policy considerations of the J-1 program. J-1 Waivers involving U.S. government funding (such as Fulbright scholarships and USAID programs) are frequently denied.

How do I waive the J-1 2 year rule?

To apply for a waiver, you will need to show that you deserve it under one of these five grounds:No objection from your home government. ... Request by an interested U.S government agency. ... Fear of persecution in your home country. ... Exceptional hardship to your U.S. citizen or permanent resident spouse or child.More items...

How can I convert J-1 to H1B?

Let's look at how to apply for your J1 to H1B visa change.Find an H1B Sponsor. Your H1B visa is dependent on a job offer from an employer who is willing to be your sponsor. ... Employer Submits Labor Conditions Approval (LCA) ... Employer Submits Form I-129. ... Applicant Completes Application at a US Embassy or Consulate.

How do you write a J-1 waiver statement?

In most cases, all you need to give is a short, honest statement about why you want to stay in the United States. One or two sentences should do it. Because your waiver will likely be granted if you can get your home government not to object, it really doesn't matter so much what your reasons are.

Can I expedite J-1 waiver?

Can I request that processing of my waiver application be expedited? Expedited processing is available only for those cases with an urgent humanitarian need and/or clear and significant U.S. government interest.

How do I waive the J-1 2 year rule?

To apply for a waiver, you will need to show that you deserve it under one of these five grounds:No objection from your home government. ... Request by an interested U.S government agency. ... Fear of persecution in your home country. ... Exceptional hardship to your U.S. citizen or permanent resident spouse or child.More items...

How do you write a J-1 waiver statement?

In most cases, all you need to give is a short, honest statement about why you want to stay in the United States. One or two sentences should do it. Because your waiver will likely be granted if you can get your home government not to object, it really doesn't matter so much what your reasons are.

Can I apply for green card while on J-1 waiver?

J1 to Green Card Process Options Submit your immigrant petition together with your J1 waiver, along with proof that you did not initially have immigrant intent upon obtaining your J1 visa. Submit your J1 waiver first, wait until it is approved, and then submit your immigrant petition.

Is it easy to get a J1 visa?

J-1 visas are also quite easy to get approved. The length of stay depends on the type of activity. Those pursuing academic study may get a visa for up to three years, while camp counselors will typically only get a 3-month stay. Extensions are also variable, depending on the category of visa.

Overview

Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212 (e).

Eligibility for a Waiver

Select Eligibility Information about J-1 exchange visitors are subject to the two-year home-country physical presence requirement and whether a waiver is available to you.

Instructions and the J-1 Waiver Recommendation Application

Select Instructions and Online DS-3035 to learn more and access the online form to request a recommendation for a waiver from the Department of State’s Waiver Review Division.

After you apply – Status Check and Contact Updates

Select J Visa Waiver Online to change your address or contact information and to check the status of your waiver.

Who Can Get a J-1 Visa Waiver?

Once you’ve discovered whether you are subject to the two-year home-country physical presence requirement, you may have questions about whether you can avoid it. There are five different reasons why you might be eligible for a waiver of this requirement:

How much does it cost to fill out a J-1 waiver?

However, for these types of J-1 visa waivers, you will also need to fill out Form I-612 and send it to USCIS. This form has a $930 non-refundable filing fee. You can fill it out on your computer or by hand, so long as you use black ink.

Why do federal agencies request waivers?

A U.S. federal government agency requests a waiver on your behalf so you can continue working on a project for the agency.

Do you need a waiver for Conrad State 30?

The interested government agency and Conrad State 30 waivers require you to work in a specific field; they also require a federal agency or state public health department to request a waiver on your behalf. The other options can be a bit more complex for the J-1 visa holder who’s completing the application.

What is a J1 Visa Waiver?

The J1 visa is a non-immigrant visa that is granted for individuals who want to participate in an exchange visitor program in the U.S. Some applicants will be subject to the two-year home-country physical presence requirement. This requirement requires you to go back home for at least two years after your exchange visitor program has completed.

Who approves J1 waiver?

Remember the USCIS is the final J1 visa waiver authority. This means you do not have a waiver of the physical presence requirement until the USCIS informs you that they approved your J1 visa waiver application.

How to get a waiver from USCIS?

The supporting documents that need to be submitted and the third party who will submit it on your behalf will depend on the legal basis on which you are requesting your waiver: 1 No objection statement – your home country’s government 2 Request by an Interested U.S. Federal Government Agency – the interested U.S. federal government agency 3 Persecution – USCIS 4 Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) spouse or child – USCIS 5 Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program) – Designated State Public Health Department or its Equivalent

What happens after the waiver review division has processed your visa?

Once the Waiver Review Division has processed your J1 visa waiver application, it will forward their recommendation to the USCIS. They will also send you a copy of this recommendation. Once the Waiver Review Division has sent their recommendation, you will need to follow up with the USCIS for your J1 visa review status.

How long do you have to stay in the US after J1?

There’s no need to stress about the two-year home-country physical presence requirement if you want to stay in the U.S. after completing your exchange program on a J1 visa. If necessary, apply for the J1 visa waiver and keep tracking your J1 visa waiver status. You might get this obstacle solved without having to blink another eye.

How to apply for DS-3035?

Apply Online. To apply, you can complete the required Form DS-3035 online. It is important that you complete the version available online, as no other version of the form will be accepted. If you send the wrong version, it will be sent back to you without your processing fee. The processing fee is non-refundable.

Is there a guarantee that a waiver will be approved?

When you apply, you have to choose which statutory basis fits your specific situation. Unfortunately, there is no guarantee your waiver application will be approved.

What is a J1 visa waiver?

The J1 Visa waiver is a document issued by the US Department of Homeland Security, specifically by USCIS and this waiver removed the requirements that certain J1 nonimmigrants have that requires them to return to their home country for a minimum of two years after the completion of the J1 program.

J1 visa waiver status

If you happen to be a J1 on immigrant who has this waiver when you came into the United States, you would have to receive this waiver if you want to change your nonimmigrant status into an H-1B or permanent residency status. Once you’ve completed your J-1 visa waiver status application, it’s easy to check on the official status.

Eligibility criteria to apply for a J1 Waiver

So let’s say you are subject to this home residency requirement, and you want to learn what makes you eligible to get a J1 Visa waiver, checkout these five different ways you can be eligible to receive a J1 Visa waiver.

Welcome to J Visa Waiver Online!

Certain exchange visitors are subject to the two-year foreign residence requirement of Section 212 (e) of the Immigration and Nationality Act.

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Who should I reach out to if I have concerns regarding my J-1 visa or J-1 waiver?

You should contact your supervisor whose name/phone is listed on Form DS-2019.

What are the J-1 visa waiver supporting documents?

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).

What is the J-1 visa waiver processing time?

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.

What is the duration of a J-1 visa program?

However, for professors, scholars, and other specialized professionals, the duration period is usually up to five years.

What are the extra fees required to obtain a J-1 visa?

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.

What do I do if my visa has expired during the program?

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 communications with your J-1 visa sponsor because it’s their responsibility to assist you in those matters.

Are there any other requirements to get a J-1 visa?

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.

How to get a waiver from the government?

Unless you are a foreign medical graduate, the most straightforward way to obtain a waiver is by having your home government consent to it, through what's called a "no objection letter.".

How long does it take to get a home country waiver?

The process of applying for a waiver of the two-year home country requirement is highly complex. It often depends on persuading reluctant government officials that you fit into a category whose boundaries are not clearly defined. You are strongly advised to see a qualified immigration attorney to get legal help with your waiver application.

How long do you have to stay in a third country to get a green card?

However, you cannot get around the requirement by spending two years in a third country or by switching to a different visa status within the United States. If you want to escape this obligation altogether and apply for a green card or nonimmigrant visa immediately, you will first have to apply for a waiver of the home residency requirement.

How to get a waiver for medical school?

Unless you are a foreign medical graduate, the most straightforward way to obtain a waiver is by having your home government consent to it, through what's called a "no objection letter."

Can foreign medical graduates get waivers?

Foreign medical graduates may qualify for an interested government agency waiver, through the U.S. Department of Agriculture or the Department of Health and Human Services.

How to request a J-1 visa waiver?

To request a J-1 visa waiver, you will need to file a DS-3035. The form must be completed with relevant information, which includes your SEVIS number, the date you entered the U.S. under J-1 status, and information about your J-2 dependents (if any). You will also need every DS-2019/IAP-66 ever issued to you as well as supporting evidence to prove that you meet the requirements for the waiver. The J-1 visa waiver filing fee is $120.

What is a J-1 visa?

Let’s start with a brief rundown of the J-1 visa. This nonimmigrant category is for program-based immigration rather than employer-based. A government-approved sponsorship program will provide you with a completed DS-2019 form to be filed with the USCIS.

What to do if you are seeking a change of category related to your J-1 visa extension?

If you are seeking a change of category related to your J-1 visa extension then you must clearly demonstrate that it is closely related to your original exchange objectives and necessary as the result of extraordinary circumstances.

What is the grace period for J-1?

J-1 Traveling Grace Period. There is a travel grace period which may be important for you to understand. As indicated on DS-2019, there is a grace period that USCIS allows for individuals completing the United States to depart the country.

Does the J-1 visa have an extension?

The program sponsor has a specific officer who is able to determine the applicant’s eligibility through documentation. If the J-1 visa extension has been accepted, the applicant must obtain a new DS-2019 form with a new expiration date. This date will be recorded with SEVIS. If the J-1 visa holder has children or a spouse on J-2 status, the extension will cover them as well.

How to renew a visa for a 14 year old?

Children under 14 years of age whose parent (s) qualify for visa renewal through the interview waiver do not need to schedule a regular appointment (even if the child has never previously been issued a visa). The parent can simply pay the MRV fee and submit the completed application for each child under 14 at the same time they submit their own application. The parent must include the original birth certificate of each child, which will be returned along with the passport once the visa is issued. In addition, children under 14 years of age whose parent (s) have valid visa (s) do not need to schedule a regular appointment (even if the child has previously been issued a visa). The parent must pay the MRV fee and submit the application, include the child’s original birth certificate, and submit their own passport with valid U.S. visa.

Can a spouse waive an interview?

All applicants must qualify on their own. Spouse, parents, or any other family member unable to meet the interview waiver criteria will not be eligible for interview waiver. Those applicants must schedule a regular appointment.

Do I need to submit my passport to get an interview waiver?

(If your answer is yes, you are required to submit your current passport as well as the passport with the most recent U.S. visa). You may not use interview waiver if you lost your previous passport that had a valid or expired U.S. visa.

What Is The Two-Year Physical Presence Requirement?

Who Can Get A J-1 Visa Waiver?

How to Apply For A J-1 Visa Waiver

• Each of the five bases for a waiver for the J-1 visa has a different J-1 visa waiver application, as well as a different J-1 visa waiver processing time. In general, you’ll need to go to the J Visa Waiver website, fill out an online J-1 visa waiver recommendation application (also known as Form DS-3035), and mail the completed application and addit...

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