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Loving your Work and Travel adventure? Feel at home in the USA? Keep your journey going without a break! With a J-1 Waiver, bypass the two-year return requirement and stay to advance your career. Make your dream a reality!
What is the Two-Year Rule?
The “two-year rule” is a stipulation that many people entering the country on a J1 visa must comply with. The well-known two-year guideline typically governs participants in WAT programs. According to this regulation, after the J1 visa program is over, the holder must spend at least two years returning home. The purpose of the two-year rule is to enable J1 visa holders to return home and use the skills and knowledge they have acquired in the US to advance the development of their home countries. However, not all J1 visa holders must adhere to this criterion; in certain cases, an exception may be made.
What is a J-1 Waiver?
The J-1 Waiver provides a formal waiver of the aforementioned 2-year return to the home country requirement, allowing one to remain in the US and then apply for another type of visa. In other words, the J-1 Waiver is a waiver that removes the requirement to return to your home country for at least two years after your experience in the US. With this waiver, you can open the doors to new opportunities!
What are the Conditions For a J-1 Waiver Application?
- No objection opinion by the visa holder’s home country (No Objection Statement)
You can apply for a J-1 Waiver with the “No Objection Statement Letter” you will receive from the representative offices of your country in the United States. This Letter is issued by the competent authorities of your home country and shows that they do not object to your two-year stay in your home country and provides a significant advantage in the waiver process.
- The visa holder who will request the waiver will face a hardship upon return to his/her home country (Persecution).
If the J-1 visa holder believes that he or she will face violence and persecution upon return to his or her home country, he or she may therefore apply for an exemption. The applicant must prove that he or she would face violence or persecution on grounds such as race, religion, political opinion, or membership of a particular social group.
- A request by a U.S. Federal Government Agency to grant an exemption.
A U.S. Federal Government Agency may request that a J-1 visa holder remain in the United States. These requests may be made especially when the applicant is working for or on a project that is beneficial to that organization. To do so, the organization must prove that the project will be negatively affected if you return to your home country.
- Spouses or children with U.S. citizen status or permanent resident status are subject to exceptional hardship. (Exceptional Hardship)
If the J-1 visa holder’s mandatory 2-year repatriation would cause extraordinary hardship to the visa holder’s U.S. citizen or permanent resident spouse or child, a J-1 Waiver may be applied for. It should be noted that such hardship must be exceptional and must be substantiated.
- A request for exemption by a health institution in the US (Conrad State 30 Program)
This program allows J-1 visa holders whose reason for coming to the U.S. is to study medicine to waive the two-year rule in exchange for working for at least three years in a designated health professional shortage (HPSA) or medically underserved (MUP) area in a state included in the Conrad State 30 program. To be suitable for this program, these conditions must exist, and you must have a full-time job offer of at least 3 years. If the necessary conditions exist, the State Department of Public Health can request a waiver for you.
Which Visa Types Can You Transition To?
Individuals who entered the U.S. on a J-1 visa as part of the Work and Travel (WAT) program can transfer to different visas after obtaining a successful J-1 Waiver. The choice of visa to switch to will depend on the individual’s objectives and present circumstances. The following are a few possible visa options:
- F-1 Visa (Student Visa): If you intend to be a full-time student at an American institution of higher learning, an F-1 Student visa may most suitably meet your needs. This visa allows students to work part-time but still maintain full-time student status.
- H-1B Visa (Specialized Occupations Visa): This is a suitable visa for those who wish to engage in full-time professional occupation, dealing with specializations within the United States.
- O-1 Visa (Extraordinary Ability or Achievement Visa): This is for those with evidenced extraordinary abilities or achievements in the research, science, arts, education, business, or athletics fields.
- B-1/B-2 Visas (Business/Tourist Visa): These are the visas that are suitable for people intending to do business in the USA for a short period or stay for touristic purposes. In other words, these are not the visas that will grant long stay or permanent migration status; rather, it is the ideal facility for a short duration.
- E-2 Visa (Investor Visa): A visa for some citizen of a country qualified under the scheme, and they make a sizable investment in the USA.
How Does the Application Process Work?
- Completion of Form DS-3035: J-1 Waiver applicants must complete Form DS-3035 Online. In this form, you will need to provide personal information and your entry and exit records to and from the United States. For this reason, it is helpful to have Form I-94 on hand.
- Preparing the Required Documents: The J-1 Waiver applicant must collect documents that support the Waiver request, such as family ties, health status, and political or economic situation in his or her country. These documents can increase the chances of the application being accepted.
- Payment of Fees: The application fee ensures that the process is officially processed. This fee is required for the J-1 Waiver application to be considered.
- Submitting the Application: Start the application process by submitting your form with your supporting documents.
- Wait for the Result: You can always track the progress of your J-1 Waiver request with the number provided to you during your online application. We would like to remind you again that the information and contact addresses you provide when applying must be up to date. Once your J-1 Waiver application is approved, resume your life in the USA!
Work with Oguz Law’s Immigration Attorneys
Applying for a J-1 Waiver is one of the keys to expanding your career and life opportunities in the US. It is very important to take action on these applications in advance. The J-1 Waiver process can be complex and challenging, but you can overcome obstacles by taking the right steps. We are with you every step of the way. By providing all the necessary information and support for your application, we help you realize your American dream. Contact Oguz Law as soon as possible without waiting any longer!
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