What are the options for J-1 waiver?

There are five bases you can apply for a waiver under. They include a “no objection” statement from the home country, an IGA waiver, claim of persecution, and claim of exceptional hardship.

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 ...

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.

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).

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

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.

J1 Physician Series - J-1 Waiver Options

What is the rejection rate for J-1 waiver?

J-1 Visa Rejection Rate

For spouses and children of J-1 applicants, the rejection rate for the J-2 visa was 6% last year. These statistics are based on 141,000 J-1 applications and 129,000 rejections, while 20,000 J-2 applications were submitted and 1,100 were rejected.

How long does it take for J-1 waiver to be approved?

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.

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.

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 get married to a U.S. 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.

How much do J-1 waiver jobs pay?

As of Jan 30, 2023, the average annual pay for a J1 Waiver Physician in the United States is $129,595 a year.

How long does it take to get green card after J-1 waiver?

Processing a PERM certification typically takes 60 days for the initial recruitment, and another 6 months for the Department of Labor to make a decision on your application. You may also have to submit a Form I-140, which involves an average of 6 months of processing time as well.

Can I get a J1 visa without a sponsor?

Do I need a sponsor? Yes. The State Department designates U.S. government, academic and private sector entities to conduct educational and cultural exchange programs. To participate in the Exchange Visitor Program, foreign nationals must be sponsored by one of the State Department-designated sponsors.

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)

How can I stay in USA after J-1 visa?

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.

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.

What is the two year rule for J-1 waiver?

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).

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.

Can I convert J-1 visa to H1B?

To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.

Can I turn my J-1 visa to green card?

Those in the United States on J-1 visas are eligible to apply for a Green Card through employment based or family based immigration.In order to obtain a Green Card, the alienfirst needsto file an immigrant petition (I-140) with the USCIS and then either apply for an Adjustment of Status (AOS) petition if they are ...

Who approves J-1 waiver?

USCIS makes the final determination on your waiver request. USCIS will decide whether to approve or deny your waiver application. USCIS will notify you at the address you provided. After the Waiver Review Division sends its recommendation to USCIS, you must contact USCIS for the status of your case.

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.

What can I do if my waiver is denied?

If your request for a provisional waiver is rejected, but you want to move forward with the immigrant visa application process, you will need to leave the United States and have your immigrant visa interview at a U.S. consulate or embassy in your home nation.

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.