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Grounds to waive
the J-1 2 year requirement
Question
What are the grounds for which I can receive a waiver of the J-1 2
year residency requirement?
Answer:
A waiver of the J-1 two year residency requirement can be requested based
on the following grounds:
(1) "No Objection" statement
The exchange visitors government, must state that they have no objection
to the exchange visitor not returning to the home country to satisfy the
two-year foreign residence requirement of Section 212(e) of the
Immigration and Nationality Act, as amended, and remaining in the U.S. if
he or she chooses to do so.
(2) Request by an Interested United States Government Agency
If the exchange visitor is working on a project for or of interest to a
U.S. Federal Government Agency and that agency has determined that the
visitors continued stay in the United States is vital to one of its
programs a waiver may be granted if the exchange visitors continued stay
in the United States is in the public interest.
(3) Persecution
If the exchange visitor believes that he or she will be persecuted upon
return to the home country due to race, religion, or political opinion, he
or she can apply for a waiver.
(4) Exceptional Hardship to a United States Citizen or Legal Permanent
Resident Spouse or Child of an Exchange Visitor
If the exchange visitor can demonstrate that his or her departure from the
United States would cause extreme hardship to his or her United States
citizen or lawful permanent resident spouse or child, he or she may apply
for a waiver. (Please note that mere separation from family is not
considered to be sufficient to establish exceptional hardship.)
(5) Request by a designated State Health Department or its equivalent
Note: The
law permits only medical doctors to apply for a waiver on this basis.
Pursuant to the requirements of Public Law 103-416, of October 25, 1994,
foreign medical graduates who have an offer of full-time employment at a
health facility in a designated health professional shortage area, and
agrees to begin employment at such facility within 90 days of receiving
such waiver and signs a contract to continue to work at the health care
facility for a total of 40 hours per week and not less than three years,
may obtain a waiver.
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