Visa-Faq.com

what is a j1 visa waiver

by Teagan Cormier Published 3 years ago Updated 2 years ago
image

A J-1 visa waiver eliminates the two-year home residency requirement and allows physicians to change into H-1B visa status that will allow them to stay in the U.S. to practice in a federally designated primary care or mental health Health Professional Shortage Area (HPSA), if recommended by an interested federal ...

Full Answer

What are the necessary steps to obtain a J1 visa?

Your application must include the following documents:

  • Form DS-3035 (with the barcode);
  • Copies of every Form DS-2019/IAP 566 that you have received incident to your J-1 status;
  • Two self-addressed, stamped legal-size envelopes;
  • The application fee ($120 at the time of this writing, plus an additional $930 if you are also required to file Form I-612.) The application fee must be submitted by ...

More items...

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 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.

Can I Change my J1 status to a visitor visa?

Please note that you are not eligible to change your status if you are a J-1 Exchange Visitor subject to the 2-year foreign residence requirement. However, you may be able to obtain a J-1 visa waiver and remain in the United States.

image

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

6-8 weeksAccording to the State Department's website, the processing time for a no objection waiver is 6-8 weeks, once ALL documents have been submitted to the State Department.

Who can get J-1 visa 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.

What happens after J-1 waiver is approved?

Once the J-1 waiver has been approved, the physician has two options: File for the PERM Labor Certification by a U.S. employer, or. File for a National Interest Waiver (NIW) for an EB-2 green card.

How do I get a J-1 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.

Is it hard to get a J-1 waiver?

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.

How much do J-1 waiver jobs pay?

J1 Visa SalaryAnnual SalaryMonthly PayTop Earners$300,000$25,00075th Percentile$300,000$25,000Average$194,098$16,17425th Percentile$96,000$8,000

Can you go from J-1 to green card?

Is it Possible to Transfer from J1 to Green Card Status in the U.S.? Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. There are a number of problems with attempting to transition from a J1 to a green card.

Can a J-1 apply for green card?

Visitors may submit the j1 waiver and the immigrant petition at the same time. They also need to present evidence that their intention was not to obtain permanent residence when they applied for their J-1 visas. Visitors may also submit their applications for their J-1 waivers and wait until they receive an answer.

How can I stay in USA after J-1 visa?

J1 Visa coming to an end? What's next after a J1 Visa?You can only apply for an H1-B visa once a year on a specific date, April 1st. ... This Non-Inmigrant Visa allows you to stay in the USA for 3 years (can be extended up to a maximum of 6 years)Partner and children under 21 can apply for an H-4.

How long is J-1 visa valid?

Length of Time Business and Industrial Trainees Can Stay in the U.S. on a J-1 Visa. Business and industrial trainees may be issued J-1 visas for a maximum of 18 months.

How long does a waiver take to get approved?

This will take anywhere from four to nine months. Once a decision has been made, you will receive notification in the mail. All in all, the entire application and approval process takes anywhere from 12 to 18 months.

How long can I stay after J-1 visa expires?

a 30 dayGrace Period: J-1 Visa Holders have a 30 day grace period after the end date on their DS-2019 Form. The Grace Period is a benefit of the J-1 status to allow J-1 visa holders time after their status to remain in the US.

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.

Where can I find J-1 visa waiver application instructions?

The U.S. Department of State Bureau of Consular Affairs website gives instructions for completing the J-1 visa waiver application. Also, each state has its own application process and forms for receiving a state sponsorship. See 3RNET State J-1 Visa Contacts .

Why is the J-1 visa waiver so important to rural health?

Many of these physicians choose to remain in their communities past the three-year requirement, according to a 2016 WWAMI Rural Health Research Center report. The J-1 visa waiver benefits underserved communities in need of physicians as well as FMGs who want to remain in the United States.

What is the Conrad 30 Waiver Program?

The Conrad 30 Waiver Program allows each state's health department to request J-1 visa waivers for up to 30 foreign physicians per year. The physicians must agree to work in federally designated Health Professional Shortage Areas or Medically Underserved Areas and provide safety-net services for indigent or medically underserved people for at least three years. Up to 10 of a state's 30 annual waiver slots may be used for practices located outside designated shortage areas if the employer can show that they provide services to patients who live in shortage areas. These waivers are known as “flex” or “flex 10” waivers and are administered according to the regulations of individual states.

What do the immigration-related executive orders issued in 2020 mean for the J-1 program?

The various federal executive orders do not affect the Conrad 30 waiver program or the ability of FMGs to qualify for J-1 visas to engage in programs of Graduate Medical Education.

What is a waiver letter?

A letter of support from the authorized official requesting the physician's waiver recommendation. This might be the governor or a designee, such as the state health director. A no-objection letter from the foreign physician's home country if his or her exchange was funded by the home government.

Is there a limit on the number of J-1 visas that HHS can issue?

There is no limit on the number of recommendations HHS can issue each year. Two regional commissions operating as federal-state partnerships can also recommend J-1 visa waivers, but only for physicians working within the commissions' geographic jurisdictions: Appalachian Regional Commission (ARC)

How to apply for J1 waiver?

1. Complete 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. This form should not be printed out and completed by hand.

How Long Does It Take to Get a J1 Visa Waiver?

The processing times for your waiver request will depend on the basis under which you request a J1 visa waiver. According to the Department of State website, here are the estimated processing times for the J1 waiver.

How to Check the Status of My J1 Waiver Application?

You can check the status of your submitted J1 waiver application on the J Visa Waiver Status webpage.

How many digits are in a J1 waiver?

Once completed online, a 7-digit case number and a bar-coded PDF document of your compiled J1 waiver application will be generated.

How long do you have to work at a health care facility to get a waiver?

To fully qualify for a waiver on this basis, you must agree to begin employment at the health care facility within 90 days of receiving the waiver and sign a contract to continue to work at the facility full time for no less than three years.

Why was the J1 program created?

You see, the J1 exchange program was created to allow foreign nationals to come to the US to engage in a specific activity and then return to their home country to share their knowledge of said activity with their country people immediately after the completion of the activity.

Where is the 2 year home country requirement on the DS-2019?

This 2-year home country residency requirement is described in detail on the 2nd page of the Form DS-2019. If you are subject to the 2-year residence requirement, you would find this on page 1 of the 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).

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 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.

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.

System Requirements

Adobe Reader is required (version 5 or higher). If you need the Adobe Reader, click the icon below:

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.

How many J-1 waivers are there?

The Conrad-30 J-1 Waiver program – This is one of the most prominent options for J-1 visa holders. In every state, there are 30 waivers allowed per year.

What states have J1 waivers?

The Appalachian Regional Commission (ARC) – This particular J1 physician waiver program is available in the following states: West Virginia, South Carolina, Ohio, Virginia, Tennessee, North Carolina, Maryland, Georgia, Alabama, New York, Kentucky, and Pennsylvania. As a physician, you are granted a waiver if you practice medicine in your chosen expertise for three years, at the very least. Usually, physicians are required to practice in rural Appalachian areas where there is a lack of trained health providers.

What are the requirements for J1?

J1 Physician Waiver Requirements 1 First, as a healthcare provider, you are required to work full time on an H – 1B nonimmigrant status. This status can be obtained by those who come to the United States on a temporary basis in order to work in their chosen career. This entails the following: you need to be hired. Concurrently, the U.S. Department of Health and Human Services usually directs individuals to precisely where there is a need for certified personnel. Changing your visa status is, of course, possible, but can be a time-consuming process. 2 As a doctor, you have to work under a contract provided by your employer. In order for the contract to be certified, the healthcare facility must be distinguished as a medically underserved population, medically underserved area, or a professional shortage area. 3 The government of your home country will have to send out a no objection letter. However, this condition applies only if you are financially supported by your home government. 4 After completing all these steps, you must agree to start your work at the given medical facility. You have to do that within 90 days after the two-year waiver receipt. In regards to the first day of employment, it can’t be the same as the expiration date of your J1 visa.

What is the form for visa waiver?

Fill out the necessary forms for the application—namely the U.S. Department of State (DOS) Form DS-3035, J-1 Visa Waiver Review Application.

How many waivers are granted in a year?

One of the conditions is having to practice in a federally-designed underserved area. According to official regulations, every year, 30 waivers can be granted.

How long do you have to work after a waiver?

After completing all these steps, you must agree to start your work at the given medical facility. You have to do that within 90 days after the two-year waiver receipt. In regards to the first day of employment, it can’t be the same as the expiration date of your J1 visa.

Is it mandatory to submit a recommendation to UCIS?

For a recommendation, it is absolutely compulsory to submit it to the division. UCIS will make the final decision of whether your J1 physician waiver application is approved or not.

image

What Is The Two-Year Physical Presence Requirement?

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 reasonswhy you might be eligible for a waiver of this requirement: 1. No Objection Statement 2. Request by U.S. Government Agency 3. Persecution 4. Exceptional Har...
See more on globalinternships.com

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 additional documents to the U.S. Depar…
See more on globalinternships.com

What Comes Next?

  • Applying for a J-1 visa waiver can be complicated. Having all the information about how to waive the J-1 visa home-country residence requirement can help. In addition, it’s always a good idea to keep a few general reminders in mind: 1. Be sure to carefully check for messagesfrom the Waiver Review Division and USCIS, both of which might ask for more information or an interview as par…
See more on globalinternships.com

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9