How do I waive the J-1 2 year rule?

You must submit Form I-612, Application for Waiver of the Foreign Residence Requirement, to USCIS. USCIS will forward its decision to the Department of State's Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution.

How long does it take to get a J-1 waiver from DOS 2022?

U.S. Department of State reviews the J-1 waiver application (4-6 weeks). U.S. Citizenship and Immigration Services reviews J-1 waiver application and issues final approval (at least 2-6 weeks). IMG must begin work within 90 days of receiving the approval from USCIS.

What are the options for J-1 waiver?

A J-1 waiver may be granted on the basis of (1) persecution the physician would suffer if the home residency requirement were enforced; (2) exceptional hardship to a U.S. citizen or Lawful Permanent Resident spouse or child if the requirement were enforced; or (3) the physician's commitment to practice medicine in an ...

How can I speed up my J-1 waiver?

To request expedited processing, please send an email to [email protected] outlining your circumstances and including any supporting documentation. Requests for expedited processing may be made by an applicant, his or her attorney, or a Member of Congress (or congressional staff acting on the Member's behalf).

Does all J-1 visa have 2 year rule?

Overview. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).

Waiver of J1 Visa 2 Year Requirement

How can J-1 visa stay permanently in USA?

How can I stay in US after J-1 visa expires?

Grace Period: J-1 Visa Holders have a 30 day grace period after the end date on their DS-2019 Form. The Grace Period is a benefit of the J-1 status to allow J-1 visa holders time after their status to remain in the US. Grace Period time can be used: To travel domestically (within the United States)

Is J-1 waiver easy to get?

The no-objection statement is typically the easiest way to get a J-1 visa waiver. This type of waiver simply says that your government doesn't object to your remaining in the United States.

Why does J-1 waiver take so long?

The amount of time your waiver application will take depends on the caseload of the USCIS service center that has received your petition and the type of statutory basis you are applying under. For example, an IGA waiver or a Persecution waiver may take longer than a No Objection waiver.

Can I travel while J-1 waiver is pending?

If you have started the J waiver process do not travel outside the U.S. while the waiver is pending or after the waiver is approved. International travel will negatively impact the waiver.

Can I stay in US while waiting for J-1 waiver?

J-1 Status Expiration While Waiting for Green Card

If your J-1 status expires before an immigrant visa number becomes available, you will need to get a J-1 extension or apply to change your status to another nonimmigrant visa in order to continue staying in the U.S. while the green card application is pending.

What is J-1 hardship waiver?

What is a J-1 Hardship Waiver in 2022? J-1 visa exceptional hardship waiver can cancel the requirement for the two-year home residency requirement. The hardship must be attributed to a U.S. citizen or permanent resident spouse, child, or other relatives that are relatively close to you.

When should I start looking for J-1 waivers?

For this reason, J-1 waiver doctors who are going to pursue this waiver option should start looking for jobs a year and a half before their program is expected to end.

Can you moonlight on J-1 waiver?

Upon approval of the work authorization, the physician may accept employment for moonlighting opportunities without applying for a separate visa.

How does J-1 waiver work?

A J-1 visa waiver eliminates the two-year home residency requirement and allows physicians to change into H-1B visa status that will allow them to stay in the U.S. to practice in a federally designated primary care or mental health Health Professional Shortage Area (HPSA), if recommended by an Interested Government ...

Can I extend J-1 after waiver?

Waivers. OISS will not be able to extend J-1 status once a waiver has been received, and/or you may no longer be eligible to transfer to another J-1 sponsor, so the first step in applying for a waiver is normally to extend your DS-2019 to the end of your appointment.

Can I get married to a US citizen with a J-1 waiver?

J-1 Waiver Marriage Background

There is no law that would prevent them from marrying a U.S. citizen, but there is more to getting a green card than marrying. Obstacles such as the home residency requirement must be met or waived before a J-1 holder who marries a U.S. citizen can seek permanent residence.

What is the rejection rate for J-1 waiver?

J-1 Visa Rejection Rate

The J-1 rejection rate was 8% in 2021 and is, on average, around 10% over the last decade.

Can I apply for green card while on J-1 waiver?

A Green Card Petition can be applied for DURING a J1 Waiver filing. For instance, if the Petitioner is based on marriage to a US Citizen, then you are eligible to start immediately after marriage. The J1 Restriction DOES NOT restrict petitions.

What is the current processing time for J-1 waiver?

Estimates processing times and legal bases: No objection statement – 6 to 8 weeks. Interested U.S. Federal Government Agency – 4 to 8 weeks. Persecution – 3 to 4 months.

Can I renew my J-1 visa without leaving the US?

You can only renew your visa at a U.S. consulate abroad. ISSO always recommends that you apply for your renewal visa in your home country. If you apply in a country other than your home country, you may be subject to administrative processing, which will require that you stay in that country until your visa is issued.

How many times can a J-1 visa be extended?

DOS does not permit extensions beyond 5 years. J-1 Short-term Scholars have a 6-month time limit on their stays in this immigration class. DOS does not permit extensions beyond 6 months. J-1 Specialists have a 12-month time limit on their stays in this immigration class.

How many times can you get J-1 visa?

Can I apply for a J-1 visa twice? Yes. The J-1 visa for interns and trainees can be applied for multiple times.

What is 2-year home rule J-1?

Exchange visitors subject to the 2-year home country residence requirement must return to their “home” countries for a total of 2 years before being eligible to apply for the following: A change of visa status inside the U.S. (except to A (diplomatic) and G (international organization) statuses)