J-1 Visas, No Objection Letters, and Waiver of the Foreign Residence Requirement

Section 212(e) of the Immigration and Nationality Act makes certain aliens admitted or given status under the J-1 visa program ineligible to apply for an immigrant visa, lawful permanent residence, or obtain an H or L visa unless the alien returns to the country of nationality or last residence for an aggregate period of at least two years following departure from the United States. This provision can create difficulties for many people who participated in the J-1 exchange program and would like to continue living in the United States.

Two Year Foreign Residence Requirement

Classes of individuals subject to the two year foreign residence requirement may include:

1. Individuals whose participation in the J-1 program was financed in any part by the United States or the government of the alien’s nationality or last residence;
2. Individuals engaging in a field of specialized knowledge or skill designated as clearly required in the alien’s country of nationality or last residence by the United States Information Agency; or
3. Individuals who came to the United States or acquired J-1 status to receive graduate medical training or education.

Waiver of the J-1 Two Year Foreign Residency Requirement

Certain individuals may seek a waiver of the J-1 two year foreign residency requirement. Waiver of the foreign residency requirement is discretionary, and a person may be denied a waiver even if that person otherwise qualifies for the waiver.

Individuals whose departure from the United States would impose exceptional hardship to the alien’s lawful permanent resident or U.S. citizen spouse or child may be eligible for waiver of the J-1 two year foreign residency requirement.

Individuals who might be subject to persecution on account of race, religion, or political opinion if returned to the country of nationality or last residence may also be eligible for waiver of the two year J-1 foreign residency requirement.

Individuals might also be eligible for waiver of the two year J-1 foreign residency requirement when an interested United States Government agency requests waiver of the requirement. Similarly, a State Department of Public Health may also request waiver of the two year foreign residency requirement for physicians (Conrad Waiver).

Lastly, the two year J-1 foreign residency requirement may be waived if the foreign country of the alien’s nationality or last residence has furnishes a written statement that it has no objection to waiver in the case of the alien.

Contact The Chander Law Firm for Questions Regarding J-1 Waivers

Please contact the firm if you have questions regarding waiver of the two year J-1 foreign residency requirement.