Are you subject to a J1 visa 2-year foreign residence requirement? If you are subject to the two-year home residency requirement, obtaining a J1 visa waiver can help!
This guide explains everything you need to know about who needs a waiver and how to avoid returning home for two years. To learn more about the process, visit J1 visa waiver process and timeline.
What is J1 visa waiver?
A J1 visa waiver (also known as J1 2-year rule waiver)is a provision that allows certain J-1 visa holders to waive the two-year foreign residency requirement. This requirement applies to J-1 visa holders in some exchange programs funded by the U.S. government or certain government agencies in their home country, or those with specialized skills or receiving medical training.
Here’s a breakdown of important J1 visa waiver considerations:
Who Needs a J1 visa waiver?
The J1 visa waiver applies to J1 visa holders who participated in certain programs in the United States.
Here’s how to know if you need a waiver:
J1 Visa Restrictions: What You Can & Can’t Do Before Waiver
Here’s what you can and cannot do while subject to the requirement:
Restricted Actions (Require Waiver):
- Change to most visas (except A or G diplomatic visas)
- Apply for a green card (adjustment of status or immigrant visa at US Consulate abroad)
- Get H, L, or K-1 fiancé visas
Allowed Actions (No Waiver Needed):
- Renew your J-1 visa (with some exceptions for Research Scholar or Professor)
- Apply for F-1 student visa
- Get a B1/B2 tourist visa
- Apply for E-2 visa
- Apply for other visa categories (TN visa, O-1, E-1, E-3 visas and others)
J1 visa waivers allow you to pursue these restricted actions.
Waivers for J1 visa: Avoid the 2-Year Foreign Residency Requirement
If you are subject to the 2-year foreign residency requirement, you need a J1 visa waiver to be able to change status in the United States, apply for green card or get H, L or K-1 fiancé visas. The requirements for a J1 visa waiver depend on the specific waiver you are applying for.
A J1 visa waiver lawyer can explore your waiver options and provide a personalized assessment.
Here, we explore the five ways you can apply for a waiver and avoid returning home for two years:
J1 No Objection Waiver
J1 visa Hardship Waiver
Persecution Waiver
U.S. Government Agency Waiver
Conrad 30 Waiver
Each option has specific requirements. Malescu Law’s J1 visa waiver lawyers assist you with DOS recommendation letter, no objection statement or qualify under one of the five waivers.
J1 visa waiver status
J1 waiver status check
After you apply, you can check your status on the Department of State status.
J1 waiver status USCIS
You can check J1 Waiver status online with your USCIS receipt number.
J1 visa waiver processing time
The processing time for J1 visa waiver is 6 months or longer. The U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) workload can significantly impact processing times. There is no premium processing available.
Malescu Law can assist
Applying for a waiver can be complex. Consult with an experienced J1 visa waiver lawyer for guidance on the waivers. We assist with Florida J1 waiver approvals and nationally.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
