The Importance of J1 Waiver

Any individual who enters US, be it a citizen of US, foreign nationals or even permanent residents, will require to present the right visa or other set of documents. The visa or document should support the individual legally and show that they are rightfully entering the US.

There are several exchange programs which allow foreign nationals to enter the US for studying or even work for a temporary period. Foreign nationals who get the approval of studying or working in the US through exchange programs get qualified for the J1 Exchange Visitor Visa.

You need to keep in mind that the J-1 visa classification is applicable for the individuals who have been agreed upon to study or work in the US, as per the exchange visitor programs. These programs have been designed for a temporary time span. It is essential that the exchange visitor does fulfill the two-year foreign residency requirement. It must however depend on the situation of the program of the visitor.

There are some exchange visitors who are qualified to even apply for the J-1 Waiver of the 2 year home residency requirement. But the request of the waiver can be based upon five kinds of categories. They have been mentioned below:

  • If there is any fear of getting persecuted
  • There is no object statement
  • If one faces extreme hardships
  • Interested Government Agency
  • If there is request of CONRAD request or State Health Department

Again, the request about the J1 Waiver has to be made with the U.S. Department of State (DOS). When the application has been reviewed by the DOS, a recommendation will be made to the USCIS. If the waiver then gets approved, the home residency requirement of two years then gets removed. Then the exchange visitor gets to easily opt for the H, L or the K Visa status. If the exchange visitor wants, he or she can also apply for a Green Card. This is why the J1 waiver can only be raised by the exchange visitor. Whether the case gets approved or denied, the result will be applied even on the dependent family members of the exchange visitor.

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