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J-1 VISA WAIVER

Waiver | Immigration Lawyer

Visa de intercambio o estudiante J1
¬ŅQu√© es una visa J1?

La clasificaci√≥n de visa J1 es para visitantes de intercambio o estudiantes. Esta visa est√° disponible para aquellos que participan en un programa de intercambio aprobado por el gobierno. Por lo general, el programa est√° disponible para ense√Īar, estudiar, observar, realizar investigaciones, consultar, recibir capacitaci√≥n o para recibir educaci√≥n o capacitaci√≥n m√©dica de posgrado. El programa de visa puede ser pagado o no.

¬ŅC√≥mo solicito una visa J1?

El primer paso para una solicitud de visa J1 es obtener un certificado de elegibilidad de su agencia patrocinadora. Ellos pueden ayudarlo a través del proceso de visa J1. El formulario de elegibilidad establecerá la duración del programa, la fecha de inicio y la fecha de finalización. Luego, puede solicitar una visa J1 a través del Departamento de Estado de EE.UU. en una embajada o consulado de EE.UU.

El tiempo de espera para una entrevista en la Embajada o el Consulado de EE.UU. puede variar. Una vez aprobado, puede ingresar a los Estados Unidos no más de 30 días antes de la fecha de inicio de su programa. Dependiendo del programa y las necesidades del patrocinador, su patrocinador puede obtener una extensión del programa.

How long does a J1 Visa last?

Time limits vary depending on the type of program.  For example, training may be an 18 months program, interns 12 months, scholars and professors up to three years, medical residents up to seven years, students up to 18 months of post-graduate work authorization (post-doctoral work 36 months) and must be enrolled full-time.

What are the requirements for a Doctor’s J1 visa application?

Doctors who seek training in the U.S. must be admitted to a medical residency or fellowship program and obtain sponsorship from the Educational Commission for Foreign Medical Graduates.

Are there limitations to the J1 visa?

Yes.  J1 visa holders are usually required to return home for two years before switching to another visa. Since this is an exchange program, the program requires the visa holder to return home with the knowledge and experience obtained in the U.S. This two-year requirement is usually listed on the visa itself. If you are not sure whether your J1 visa has this requirement, just look at the visa stamp on your passport.

Which J1 programs have the two-year requirement?
  • Exchange Program funded by the government – if you participated in a program funded in whole or in part by a U.S. government agency, your home country‚Äôs government, or an international organization that received funding from the U.S. government or your home country‚Äôs government.
  • Program for specialized knowledge or skill¬†– program involving an area of specialized knowledge designated as necessary for further development of your home country and appears on the¬†https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/exchange-visitor-skills-list.html for your home country.
  • Graduate Medical Education/Training¬†‚Ästprogram to receive graduate medical education or training.
What is J1 waiver?

The J1 visa waiver removes the requirement that you return home for two years after the J1 visa expires.

Do I need a J1 Waiver?

If your J1 visa has the two-year home-country physical presence requirement as explained above, you will need a waiver to remain in the United States.

What is the basis for the J1 visa waiver?

You may be able to obtain a waiver of the two-year home country physical presence requirement based on:

1. No objection from the home country government

Your home country would have to issue this statement through the embassy in Washington, DC.

2. Request by U.S. Federal government agency

This applies to people that work on a project for the U.S. federal government and that the departure from the U.S. would be detrimental to its interest.

3. Persecution waiver

This applies to people that are persecuted in their home country based on race, religion, or political opinion.

4. Exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child

This applies to people that have established a family relationship while in the U.S. A J1 visa holder may have married and had children during their exchange program. If that is the case, then your U.S. family may suffer from the separation caused by the two-years requirement.

5. Conrad State 30 Program

This program is for foreign medical graduates that obtained an exchange visitor status to pursue graduate medical training or education. To qualify, you must: have a full-time employment offer at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area; agree to begin employment at that facility within 90 days of receiving a waiver; and sign a contract to continue working at that health care facility for a total of 40 hours per week, for not less than three years.

A waiver to the U.S. government is a difficult task since it requires numerous pieces of evidence to make a strong case. The type of evidence will be different in each case based on the individual circumstances. A qualified immigration attorney is best positioned to present all that evidence on your behalf and make a strong argument for you.

Remember that the officers have discretion over each case, and you only have one opportunity to prove your case. Therefore, you want to submit a strong case the first time around.

Waiver | Immigration Lawyer

The J1 Waiver Process

The J1 waiver process is different depending on the type of J1 waiver you seek.  An immigration attorney can assess your individual situation and recommend the best J1 waiver process for you.

How Terra Immigration Can Help

Our immigration lawyers have experience with J1 waiver process.  We are well versed in the law and we create strategic solutions to help you win.  Our immigration attorneys prepare your case with your future in mind.  We anticipate any issues that may arise, and we help you have a successful waiver application.

Let’s talk about your immigration case. Contact us today and speak to an immigration lawyer.

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