Learn the entire process of getting the J1 waiver as a J nonimmigrant in the United States. This video discusses how to know if you're subject to the 2 year home residency requirement and the eligibility criteria you must meet to qualify for a J1 waiver in 2021.
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Many J1 nonimmigrants in the US might be interested in changing their status into an H, L or Green Card status after completing their exchange programs.
However, this may not be possible if the J nonimmigrant is subject to the 2 year home residency requirement.
A J1 nonimmigrant in this scenario must obtain a J1 waiver that removes the requirement for the J nonimmigrant to return to his or her home country.
For most J1 nonimmigrants, this home country residency requirement would depend on the conditions for which your J1 exchange visa was granted by your program sponsor.
Usually, a J1 visitor is subject to the 2 year residency requirement if their program is government funded, involves medical training, or involves specialized knowledge needed for the development of the J1 visitor's home country.
These are the 5 eligibility criteria for you to apply for a J1 Waiver:
1. J1 visa waiver for demonstrating exceptional hardship to a US citizen or Lawful Permanent Resident spouse or child caused by your departure from the United States.
2. J1 waiver for reasons of persecution upon returning to your home country
3. J1 visa waiver for interest from a US federal government agency that deems your stay in the US to be in the public interest
4. J1 waiver for a No Objection Statement that is sent directly to the US Department of State by your home country's Embassy in Washington, DC.
5. J1 visa waiver for an alien physician who will be working for a US State Health agency in an under-served area
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