Q: What is USCIS?
A: USCIS stands for U.S. Citizenship and Immigration Services. It is an agency of the U.S. government under the Department of Homeland Security. USCIS is principally responsible for matters dealing with aliens in the United States. This includes jurisdiction over petitions for non-immigrant status and immigration status.
Prior to March of 2003, the USCIS was called the Immigration and Naturalization Service (INS). For a brief period of time, it was known as the Bureau of Citizenship and Immigration Services (BCIS). It is also sometimes just referred to as the CIS. For purposes of this web site, we use the currently accepted name of U.S. Citizenship and Immigration Services or USCIS.
Q: Who handles my case if I retain Z&A?
A: Our attorneys handle their clients' cases individually by preparing petition letters, contacting clients, and following up on pending cases. That is why we have more attorneys than clerks. Our clerks' main objective is to help attorneys prepare clients' packages. Each client's package will be reviewed by one of our experienced attorneys for final checking before being sent out to the USCIS.
Q: What is a J-1 Visa?
A: A J-1 Visa is issued toan Exchange Visitor who is participating in an established J Exchange program pre-approved by the State Department. Exchange Visitors onJ-1 visas include secondary school and college students, business trainees, trainees in flight aviation programs, primary and secondary school teachers, college professors, research scholars, medical residents or interns receiving medical training in the U.S., certain specialists, international visitors, and government visitors.
Q: What is the two-year Foreign Residency Requirement for J visa holders?
A: This rule requires some J visa holders to reside in their home country for at least two years before they may obtain an H, L or other immigrant visa to enter the U.S. or adjust their status within the U.S.
Q: What is a J-2 Visa?
A: A J-2 visa is issued to a child (under age 21) or spouse of a J-1 principal. Once the minor child reaches their 21st birthday, they no longer qualifyfor a J-2 visa or J-2 status. Also, if the J-2 spouse divorces the J-1 status holder, they no longer qualify for J-2 status. J-2 status holders may study and work while in the United States.
Example:
Ian is a J-2 holder. Ian may enroll in a college or university during his length of stay.
Example:
Alice is a J-2 holder. Alice may apply for Employment Authorization and work for anyone once Employment Authorization is obtained from the USCIS throughout her J-2 status period.
Q: How long can a J-1 program last?
A: The J program's duration depends on the program category and the J program sponsor. The J program sponsor has full discretion to extend the period within the maximum program's duration period.
Q: When my J status expires, do I have a grace period to legally stay in the US?
A: Yes, you still have 30 days grace period to legally stay in the US.
Q: My J status expired and I am in the middle of my 30-day grace period staying in the US, can I apply to change to another non-immigrant status at this stage?
A: No. The 30-day grace period is only for packing and leaving. Therefore, you cannot change to another non-immigrant status within the 30 days.
Q: Where do I apply for a J-1 visa?
A: You apply for a J-1 visa at U.S. Consulate offices located abroad.
Q: Do I need to have a program sponsor before I can apply for the J-1 visa?
A: Yes. Before you are allowed to apply for a J-1 visa, you are required to have a program sponsor and be accepted into an Exchange Visitor Program.
Q: What other requirements do I have to meet in order to obtain a J-1 visa?
A: In addition to havinga program sponsor, the J-1 visa applicant must show the consular officer that they plan to stay in the U.S. for only a limited period of time, have enough funds to cover all expenses in the U.S., and that there are significant, binding social and economic ties to the applicant’s country of residence.
Q: How long does it take to obtain a J-1 Visa?
A: The processing time for a J-1 Visa varies from country to country.
Q: What documents are needed to apply for a J-1 visa?
A: You need to provide the following documents to apply for a J-1 Visa: a completed Form DS-2019 (Certificate of Eligibility) issued by your program sponsor, your passport, completed Form DS-156 (Non-Immigrant Visa Application), Form DS-157 (Supplemental Nonimmigrant Visa Application), and Form DS-158 (Contact Information and Work History), a 2x2 photograph, and other supporting documents. In addition, you are required to pay the relevant processing fee ($160) for each application.
Q: Is an interview required for the visa process?
A: Yes. Applicants between the ages of 14 and 79 are required to complete an interview at the consular embassy section. Applicants 13 and younger or 80 and older do not require interviews, unless required by the embassy or consulate.
Q: Are there any additional fees that I have to pay if I successfully receive a J-1 visa?
A: Maybe. The U.S. will only charge a visa issuance fee if the country you are residing (i.e. the country you are living in when you apply for your J-1 visa) in charges U.S. citizens for a similar type of visa.
For example the United Arab Emirates (UAE) charges $52 for a U.S. citizen to get a J-1 Visa to the United Arab Emirates. Therefore if a citizen of the UAE receives a J-1 visa to the U.S., he/she will have to a visa issuance reciprocity fee of $52.
Q: How do I determine my current legal status in the U.S. as a J-1 Status Holder?
A: To determine your U.S. status, please refer to Forms IAP-66 and I-94. When you entered the U.S., the immigration inspection officer would have marked "D/S" on your Form I-94. "D/S" means "Duration of Status" and indicates that your legal stay is for a certain limited period of time. The Exchange Program Period that is marked on your IAP-66 determines the length of your legal stay within the U.S.
Q: What is my J-1 Visa valid period?
A: The valid period of your J-1/J-2 visa is the period during which you may enter the U.S. This differs from the maximum duration of stay for your J program which defines maximum amount of time you may stay participating under your particular J program.
Q: My IAP-66 (Certificate of Eligibility) and I-94 (Arrival-Departure Record) are still valid but my visa has expired. May I leave and re-enter the U.S.?
A: It depends. You will need a new visa to re-enter the U.S. Reapplying for a J-1/J-2 visa may be risky in some countries. Z&A can help you obtain a Third Country Visa at a U.S. Consulate located in a Mexican border city before you leave the U.S.
Q: Is a J-1 Visa holder allowed to work?
A: A J-1 holder is allowed to work for the J-1 program sponsor. A J-1 holder may not work for another employer without special authorization.
Q: How can a J-1 holder work for an employer other than the program sponsor?
A: A J-1 holder may work for institutions or companies within his/her specialty field, provided this work meets certain requirements and the J-1 program sponsor gives its written consent.
Q: How can an entity apply to become a J-1 program sponsor?
A: Educational Institutions, Private Companies, Research Institutions and Governmental Agencies are all examples of organizations that may qualify as J-1 program sponsors, BUT, the entity needs to be pre-approved by the Department of State.
Q: I am a J-1 student. How long can I participate in Practical Training upon completion of my degree program?
A: You may be eligible to participate in a Practical Training Program upon graduation. The length of time varies depending on the degree awarded. If you have received your baccalaureate/master's degree you may enter a training program for a maximum period of eighteen (18) months, while post-doctoral individuals can receive practical training for a maximum period of thirty-six (36) months.
Q: I am a J-1 Researcher. May I change my status to a J-1 Student?
A: It depends. Some program sponsors require you to go abroad and apply for another J-1 visa under the new program before allowing you to adjust your status. Z&A offers Third Country Visa Services that allow you to apply for a J-1 visa at a U.S. Consulate located in a U.S.-Mexico border city without risk of prohibited re-entry.
Q: I am a short-term J-1 researcher (6 mos.). May I change toa long-term J-1 researcher?
A: It depends. Some sponsors may require you to obtain a new visa and re-enter the U.S. before allowing you to adjust your status. Z&A provides Third Country Visa services that can help you with this issue.
Q: What is the relationship between a J-1 Visa and an O-1 Visa?
A: There is no direct relationship between a J-1 Visa and an O-1 Visa. If a J-1 holder is not able to obtain a J-1 Waiver before his/her maximum term expires, an employer may apply for an O-1 Visa on behalf of the J-1 holder and they may go abroad to obtain an O-1 Visa via the Third Country Visa Process. For more information about Third Country Visas, please click here.
Q: How do I get a J-2 visa for my spouse/child?
A: In order for your spouse to be eligible for a J-2 visa, your program sponsor must approve the accompaniment of your spouse or child and they will be issued their own DS-2019. The application procedure for a J-2 visa is the same as that for the J-1 Visa. The spouse or child can apply for a J-2 visa while the J-1 applicant is applying for their visa.
Q: Can the spouse/child apply for a J-2 visa after the J-1 principal has already travelled?
A: Yes. The spouse or child may complete SEVIS generated Form DS 2019 (approved by the sponsor), show proof that the principal applicant is maintaining his/her J visa status, copy of the J-1's (principal applicant's) visa, proof of relationship to the principal applicant, and proof of sufficient money to cover all expenses in the United States.
Q: Can a J-2 visa holder enter the US before the J-1 principal?
A: No. The spouse/child of the J-1 principal is not allowed to enter the U.S. before the J-1 principal does.
Q: Can the J-2 visa holder work?
A: Yes. A J-2 visa holder is permitted to work only after theyfileForm I-765 Application for Employment Authorization with the USCIS. After approval of this application, the J-2 visa holder is permitted to work.
Q: Is the J-2 visa holder allowed to study in the U.S. without being required to change to F-1 status?
A: Yes, a J-2 visa holder can study in the U.S. without changing to F-1 status.
J-1 "2 Year Rule" Frequently Asked Questions
Q: How do I know if I am subject to the two-year Foreign Residency Requirement?
A: To determine if you are subject to the two-year Foreign Residency Requirement, check your J visa. If you are required to fulfill the two-year Foreign Residency Requirement the box next to the phrase “subject to the two-year rule” will be checked off. However, if this box is not checked off it does not mean that you are not subject to the rule.
A: To determine if you are subject to the two-year Foreign Residency Requirement, check your J visa. If you are required to fulfill the two-year Foreign Residency Requirement the box next to the phrase “subject to the two-year rule” will be checked off. However, if this box is not checked off it does not mean that you are not subject to the rule.
Other factors and conditions may apply. We recommend that you seek the advice of an experience immigration attorney to determine if you are subject to the foreign residency requirement.Z&A can provide a preliminary evaluation and determine whether you are subject to the two-year rule ($500 service fee). If interested, please fax a copy of your visa and your most recent IAP-66 (Certificate of Eligibility) to Z&A.
We provides some examples below to identify whether an alien is subject to the two-year Foreign Residency Requirement
We provides some examples below to identify whether an alien is subject to the two-year Foreign Residency Requirement
- Example:
Justin's Form IAP-66 (Certificate of Eligibility) states that he is subject to the two-year rule. Even though his IAP-66 indicates that he is subject, his situation may have changed and he may no longer be subject. If his skills were in short supply in his home country when he left, butby the time his J-1 status expired his skills were no longer considered in demand, he will no longer be subject to the Foreign Residency Requirement on this basis.
However, his most recent IAP-66 remains a good starting point to determine whether he is subject to the two-year requirement.
However, his most recent IAP-66 remains a good starting point to determine whether he is subject to the two-year requirement.
- Example:
Miguel's Visa states that he is subject to the two-year rule. However, Miguel does not believe that he is subject to the two-year rule. The information indicated on his Form IAP-66 may be incorrect if the visa officer mistakenly marked his visa.
- Example:
Sarah's IAP-66 (Certificate of Eligibility) and J-1 visa do not state that she is subject to the two-year rule. Sarah is not subject to the two-year rule if both documents lack any two-year requirement notation.
- Example:
Paula is a J-2 holder. Her husband, Jack is a J-1 holder. Since Jack, her J-1 principal is subject to two-year residence requirement Paula is also subject to the two year residence requirement. However, Paula should not independently fulfill the two-year foreign residence requirement.
Q: How can I find out if I am required to fulfill the two year foreign residency requirement?
A: If a J-1 holder is unsure whether he/she has to fulfill the two year foreign residency requirement, they can request an advisory opinion from the Waiver Review Division.
Q: What is an advisory opinion?
A: An advisory opinion is a statement issued by the Waiver Review Division declaring whether or not a J-1 holder needs to fulfill the two year foreign residency requirement.
Q: What do I need to submit to obtain an advisory opinion?
A: You should mail copies of your DS-2019/IAP-66 forms and a request for an advisory opinion to:
U.S. Department of State
CA/VO/L/W, Visa Services
2401 E Street, NW, (SA-1)
Washington, DC 20522-0106
Q: What is the Exchange Visitors Skills List?
A: This is a list compiled by the State Department which indicates which skills are required by individual countries.
Q: Where can I find a copy of the Exchange Visitors Skills List?
A: The Exchange Visitors Skills List can be obtained at the Department of State website.
Q: How do I know which country’s skills list applies to me?
A: The country’s skills list that applies to a J-1 holder is that of the country of legal residence that the J-1 holder resided in when he or she obtained their J-1 visa.
Q: May I change from J-1 status to another non-immigrant visa outside the U.S. if I am subject to the two-year residency requirement?
A: Yes. You may obtain a non-immigrant visa (O, E or F visa) from a U. S. Consulate located in a foreign country. But you may not obtain an H or L visa until you have received either a J-1 Waiver or until you have completed the two-year foreign residency requirement.
Example:
May wishes to change from J-1 status to another non-immigrant visa within the U.S. However, she is still subject to the two-year residency requirement. May cannot change from a J-1 to any other non-immigrant visa unless she obtains a J-1 waiver.
Example:
Jesus wants to obtain a different type of non-immigrant visa but he is still obligated to fulfill his J-1 Foreign Residency Requirement. Jesus will need to travel to a U.S. Consulate located in a foreign country to apply for the Visa. If Jesus wishes to retain Z&A, a Z&A attorney can accompany him to Mexico to apply for a Third Country Visa.
Example:
Lee wants to obtain an immigrant visa from a U.S. Consulate before he completes the two-year foreign residency requirement. Lee is not able to do so until he fulfills the two-year rule.
Example:
Vince is subject to the two-year rule and his NIW is approved. He wishes to obtain a Green Card. Vince is eligible to apply for an NIW, despite being subject to the two-year rule. However, Vince still needs to obtain a Waiver or fulfill the two-year residency requirement before he is eligible to receive a Green Card.
Example:
Ben wants to change from J-2 to J-1 status. Once he obtains an IAP-66 (Certificate of Eligibility), he can change to J-1 status in the U.S. However, he may be subject to the two-year Foreign Residency Requirement restriction twice, once as a spouse of a J-1, and again as a J-1.
Z&A has successfully assisted clients obtain change of their J-2 status to J-1.
Q: I came to the U.S. with a J-1 visa subject to the two-year rule. Can I change my J-1 program?
A: It is not a good idea to change your J-1 program if you have not yet fulfilled your two-year requirement. If you change your J-1 program, you may be subject to the two-year restriction twice and will need to obtain two J-1 Waivers in order to be relieved of the rule.
Q: How may I adjust my status to permanent resident, if I am under the J-1 Foreign Residency Requirement?
A: Generally, you cannot petition for an Adjustment of Status if you have not yet met the Foreign Residency Requirement. Once you obtain a J-1 waiver, however, you may petition for an Adjustment of Status.
You may also petition for an Adjustment of Status after you complete the two-year Foreign Residency Requirement. You may petition for a permanent resident visa once you begin to live in your home country, but the visa cannot be granted until the Foreign Residency Requirement is completed.
Example:
Sandy has a J-1 Visa. She becomes a Canadian permanent resident. Sandy is still subject to the two-year rule. Her Canadian permanent residency has nothing to do with her J Visa Waiver issue. She is still required to serve her two years in her home country or country of last habitual residence, regardless of her status or stay in any other foreign country.
Example:
Harold is subject to the two-year rule. Harold marries a U.S. citizen. Harold is eligible to apply for a Green Card but is still required to fulfill the two-year residency requirement.
Q: May I file for an I-140 (Immigration Petition) petition or I-130 (Alien Relative) petition while under the J-1 Foreign Residency Requirement?
A: Yes. Filing either an I-140 or an I-130 does not affect your status. Both allow you to obtain Permanent Residency Status in the future. For example, a person can obtain I-140 approval and then return to his or her home country and after completing the Foreign Residency Requirement. Then he or she is eligible to apply for permanent residency. Similarly, if a J-1 Waiver is granted, they can obtain a permanent visa (or adjust one's status if in the U.S.) once the J-1 waiver is granted.
Q: Does the new Rule 245(i) exempt J-1 holders who are subject to the two-year rule?
A: Rule 245(i) does not exempt you from fulfilling the two-year residency requirement. You are still required to fulfill the rule.
Q: Does the two-year rule also apply to a J-1 holder’s J-2 dependents?
A: Yes. People who have entered or stayed in the U.S. as J-2 dependents are under the same restrictions as their respective J-1 holder. They are similarly relieved of the restriction if the J-1 holder obtains a J-1 waiver. NOTE: Prior to the State Department’s taking control over J-1 programs, the previously responsible agency (USIA), held that J-2 dependents were not required to meet the foreign residency requirement themselves. The State Department has reversed this policy and requires the J-2 dependents to fulfill this requirement if it applies to their J-1 principal.
Example:
Mary is currently in F-1 status and living in the U.S. Previously she was in J-2 status. Her spouse, James, who used to be a J-1, has returned to their home country for two (2) years. According to the stated policy of the U.S. State Department (the agency in overseeing all J-1 programs) Mary is still subject to the two-year restriction. She will need to fulfill the two-year requirement personally before the restrictions on her future immigration benefits are lifted.
Example:
Paula is a J-2 holder. Her husband, Jack is a J-1 holder. Since Jack, her J-1 principal, is subject to two-year residence requirement, Paula is also subject to the two-year residence requirement. However, if Jack obtains a J-1 waiver, Paula will no longer be subject to this the two-year foreign residence requirement either.
Q: I received J-1 status while I was a citizen of Country A and instead of returning to Country A to fulfill the two-year foreign residency requirement I go to Country B and become a citizen there. Can I return to the U.S. with H status if I remain in Country B for at least two-years?
A: No. The two-year foreign residency requirement must be fulfilled in the country you were residing in at the time you received your J-1 status.
Example:
Sean is a citizen of China and received his J-1 visa while he was residing in China. After his J-1 status was expired, he had to go back to China to complete his two-year foreign residency requirement. Instead of going back to China, Sean went to Canada and became a Canadian citizen.
Q: How can I find out if I am required to fulfill the two year foreign residency requirement?
A: If a J-1 holder is unsure whether he/she has to fulfill the two year foreign residency requirement, they can request an advisory opinion from the Waiver Review Division.
Q: What is an advisory opinion?
A: An advisory opinion is a statement issued by the Waiver Review Division declaring whether or not a J-1 holder needs to fulfill the two year foreign residency requirement.
Q: What do I need to submit to obtain an advisory opinion?
A: You should mail copies of your DS-2019/IAP-66 forms and a request for an advisory opinion to:
U.S. Department of State
CA/VO/L/W, Visa Services
2401 E Street, NW, (SA-1)
Washington, DC 20522-0106
Q: What is the Exchange Visitors Skills List?
A: This is a list compiled by the State Department which indicates which skills are required by individual countries.
Q: Where can I find a copy of the Exchange Visitors Skills List?
A: The Exchange Visitors Skills List can be obtained at the Department of State website.
Q: How do I know which country’s skills list applies to me?
A: The country’s skills list that applies to a J-1 holder is that of the country of legal residence that the J-1 holder resided in when he or she obtained their J-1 visa.
Q: May I change from J-1 status to another non-immigrant visa outside the U.S. if I am subject to the two-year residency requirement?
A: Yes. You may obtain a non-immigrant visa (O, E or F visa) from a U. S. Consulate located in a foreign country. But you may not obtain an H or L visa until you have received either a J-1 Waiver or until you have completed the two-year foreign residency requirement.
Example:
May wishes to change from J-1 status to another non-immigrant visa within the U.S. However, she is still subject to the two-year residency requirement. May cannot change from a J-1 to any other non-immigrant visa unless she obtains a J-1 waiver.
Example:
Jesus wants to obtain a different type of non-immigrant visa but he is still obligated to fulfill his J-1 Foreign Residency Requirement. Jesus will need to travel to a U.S. Consulate located in a foreign country to apply for the Visa. If Jesus wishes to retain Z&A, a Z&A attorney can accompany him to Mexico to apply for a Third Country Visa.
Example:
Lee wants to obtain an immigrant visa from a U.S. Consulate before he completes the two-year foreign residency requirement. Lee is not able to do so until he fulfills the two-year rule.
Example:
Vince is subject to the two-year rule and his NIW is approved. He wishes to obtain a Green Card. Vince is eligible to apply for an NIW, despite being subject to the two-year rule. However, Vince still needs to obtain a Waiver or fulfill the two-year residency requirement before he is eligible to receive a Green Card.
Example:
Ben wants to change from J-2 to J-1 status. Once he obtains an IAP-66 (Certificate of Eligibility), he can change to J-1 status in the U.S. However, he may be subject to the two-year Foreign Residency Requirement restriction twice, once as a spouse of a J-1, and again as a J-1.
Z&A has successfully assisted clients obtain change of their J-2 status to J-1.
Q: I came to the U.S. with a J-1 visa subject to the two-year rule. Can I change my J-1 program?
A: It is not a good idea to change your J-1 program if you have not yet fulfilled your two-year requirement. If you change your J-1 program, you may be subject to the two-year restriction twice and will need to obtain two J-1 Waivers in order to be relieved of the rule.
Q: How may I adjust my status to permanent resident, if I am under the J-1 Foreign Residency Requirement?
A: Generally, you cannot petition for an Adjustment of Status if you have not yet met the Foreign Residency Requirement. Once you obtain a J-1 waiver, however, you may petition for an Adjustment of Status.
You may also petition for an Adjustment of Status after you complete the two-year Foreign Residency Requirement. You may petition for a permanent resident visa once you begin to live in your home country, but the visa cannot be granted until the Foreign Residency Requirement is completed.
Example:
Sandy has a J-1 Visa. She becomes a Canadian permanent resident. Sandy is still subject to the two-year rule. Her Canadian permanent residency has nothing to do with her J Visa Waiver issue. She is still required to serve her two years in her home country or country of last habitual residence, regardless of her status or stay in any other foreign country.
Example:
Harold is subject to the two-year rule. Harold marries a U.S. citizen. Harold is eligible to apply for a Green Card but is still required to fulfill the two-year residency requirement.
Q: May I file for an I-140 (Immigration Petition) petition or I-130 (Alien Relative) petition while under the J-1 Foreign Residency Requirement?
A: Yes. Filing either an I-140 or an I-130 does not affect your status. Both allow you to obtain Permanent Residency Status in the future. For example, a person can obtain I-140 approval and then return to his or her home country and after completing the Foreign Residency Requirement. Then he or she is eligible to apply for permanent residency. Similarly, if a J-1 Waiver is granted, they can obtain a permanent visa (or adjust one's status if in the U.S.) once the J-1 waiver is granted.
Q: Does the new Rule 245(i) exempt J-1 holders who are subject to the two-year rule?
A: Rule 245(i) does not exempt you from fulfilling the two-year residency requirement. You are still required to fulfill the rule.
Q: Does the two-year rule also apply to a J-1 holder’s J-2 dependents?
A: Yes. People who have entered or stayed in the U.S. as J-2 dependents are under the same restrictions as their respective J-1 holder. They are similarly relieved of the restriction if the J-1 holder obtains a J-1 waiver. NOTE: Prior to the State Department’s taking control over J-1 programs, the previously responsible agency (USIA), held that J-2 dependents were not required to meet the foreign residency requirement themselves. The State Department has reversed this policy and requires the J-2 dependents to fulfill this requirement if it applies to their J-1 principal.
Example:
Mary is currently in F-1 status and living in the U.S. Previously she was in J-2 status. Her spouse, James, who used to be a J-1, has returned to their home country for two (2) years. According to the stated policy of the U.S. State Department (the agency in overseeing all J-1 programs) Mary is still subject to the two-year restriction. She will need to fulfill the two-year requirement personally before the restrictions on her future immigration benefits are lifted.
Example:
Paula is a J-2 holder. Her husband, Jack is a J-1 holder. Since Jack, her J-1 principal, is subject to two-year residence requirement, Paula is also subject to the two-year residence requirement. However, if Jack obtains a J-1 waiver, Paula will no longer be subject to this the two-year foreign residence requirement either.
Q: I received J-1 status while I was a citizen of Country A and instead of returning to Country A to fulfill the two-year foreign residency requirement I go to Country B and become a citizen there. Can I return to the U.S. with H status if I remain in Country B for at least two-years?
A: No. The two-year foreign residency requirement must be fulfilled in the country you were residing in at the time you received your J-1 status.
Example:
Sean is a citizen of China and received his J-1 visa while he was residing in China. After his J-1 status was expired, he had to go back to China to complete his two-year foreign residency requirement. Instead of going back to China, Sean went to Canada and became a Canadian citizen.
After residing in Canada for two years, Sean wants to return to the U.S. with H status. However, Sean cannot return to the U.S. until he completes his two-year foreign residency requirement in China, since that is his country of permanent residence and was the country he resided in when he received his J-1 status.
J-1 Waiver Frequently Asked Questions
Q: What are the different waivers that one can apply for?
A: A foreign exchange visitor can apply for a waiver based on one five statutory bases:
A: A foreign exchange visitor can apply for a waiver based on one five statutory bases:
- “No objection” statement from visitor’s home country;
- Request from an Interested U.S. Government Agency (IGA Waiver);
- Claim of persecution in home country if visitor returns;
- Claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if visitor returns to home country; or,
- Request from a designated State Health Agency
Q: How much is the application processing fee?
A: The processing fee is $215 and must be paid with an U.S. currency cashier’s check or a postal money order drawn on a U.S. financial institution.
Q: Where can I obtain a “no objection” statement?
A: In order to obtain a “no objection” statement, you should contact the consular section of your home country’s embassy in Washington, D.C.
Q: When do I have to submit the “no objection” statement?
A: Once you receive your case number from the Department of State, you should have your home country’s embassy submit the “no objection” statement.
Q: I am a foreign medical graduate sponsored by the Educational Commission for Foreign Medical Graduates.Can I apply for a no objection waiver from my home country?
A: No.
Q: Can I appeal a denial of a waiver application based on “no objection” from my home country?
A: No. Due to the extensive consideration given to waiver applications, it is a policy of the Waiver Review Division that “no objection” statement applications will not be reconsidered.
Q: When may I start the no objection Process?
A: Each home country has a different policy regarding when to initiate the no objection. For example, the Chinese Consulates requires that the individual be in a J-1 program for a minimum of one year before requesting a Waiver Form.
Q: How long does the no objection process take?
A: The length of the no objection process depends on your particular home country. Some countries process the letter quickly and provide you with a response in a few months, other require up to six (6) months for a no objection determination. According to the State Department’s website, the processing time for a no objection waiver is 6-8 weeks, once ALL documents have been submitted to the State Department.
Q: Do you handle no objection waivers?
A: No, Z&A does not handle no objection waivers.
Q: What is an IGA Waiver?
A: An IGA Waiver is obtained through sponsorship of an Interested Government Agency (IGA). Generally, the potential sponsoring IGA is a U.S. government agency that financially supports your program or has a strong interest in your area of research or study. An effective way to identify an IGA is to trace your program funding.
Q: Which U.S. government agencies are eligible to apply for the IGA waiver for foreign medical graduates?
A: Appalachian and Delta Regional Commissions, Department of Health and Human Services, Department of Veterans Affairs and Department of Interior for Indian Reservations. Foreign medical graduates may also apply through an individual State's department of health that participates in the Conrad State 30 program.
Q: Which U.S. government agencies are eligible to apply for the IGA waiver for foreign exchange visitors?
A: For an extensive list of Interested Government Agencies,.
Q: When is a good time to begin an IGA Waiver application?
A: Timing is very important for IGA Waivers. Usually, an IGA waiver is initiated towards the latter stage of the individual's program. For example, a J visiting researcher or professor program may last for three (3) or more years. In this example, the IGA Waiver should be initiated at the end of year two.
Q: Why should I wait until the latter stages of the program?
A: You should wait until the latter stages of the program's duration for three (3) reasons. First, the basis for your IGA is the claim that you are an important part of the research program and your anticipated absence, due to the limited duration of the J-1 program, will jeopardize the research project.
A: The processing fee is $215 and must be paid with an U.S. currency cashier’s check or a postal money order drawn on a U.S. financial institution.
Q: Where can I obtain a “no objection” statement?
A: In order to obtain a “no objection” statement, you should contact the consular section of your home country’s embassy in Washington, D.C.
Q: When do I have to submit the “no objection” statement?
A: Once you receive your case number from the Department of State, you should have your home country’s embassy submit the “no objection” statement.
Q: I am a foreign medical graduate sponsored by the Educational Commission for Foreign Medical Graduates.Can I apply for a no objection waiver from my home country?
A: No.
Q: Can I appeal a denial of a waiver application based on “no objection” from my home country?
A: No. Due to the extensive consideration given to waiver applications, it is a policy of the Waiver Review Division that “no objection” statement applications will not be reconsidered.
Q: When may I start the no objection Process?
A: Each home country has a different policy regarding when to initiate the no objection. For example, the Chinese Consulates requires that the individual be in a J-1 program for a minimum of one year before requesting a Waiver Form.
Q: How long does the no objection process take?
A: The length of the no objection process depends on your particular home country. Some countries process the letter quickly and provide you with a response in a few months, other require up to six (6) months for a no objection determination. According to the State Department’s website, the processing time for a no objection waiver is 6-8 weeks, once ALL documents have been submitted to the State Department.
Q: Do you handle no objection waivers?
A: No, Z&A does not handle no objection waivers.
Q: What is an IGA Waiver?
A: An IGA Waiver is obtained through sponsorship of an Interested Government Agency (IGA). Generally, the potential sponsoring IGA is a U.S. government agency that financially supports your program or has a strong interest in your area of research or study. An effective way to identify an IGA is to trace your program funding.
Q: Which U.S. government agencies are eligible to apply for the IGA waiver for foreign medical graduates?
A: Appalachian and Delta Regional Commissions, Department of Health and Human Services, Department of Veterans Affairs and Department of Interior for Indian Reservations. Foreign medical graduates may also apply through an individual State's department of health that participates in the Conrad State 30 program.
Q: Which U.S. government agencies are eligible to apply for the IGA waiver for foreign exchange visitors?
A: For an extensive list of Interested Government Agencies,.
Q: When is a good time to begin an IGA Waiver application?
A: Timing is very important for IGA Waivers. Usually, an IGA waiver is initiated towards the latter stage of the individual's program. For example, a J visiting researcher or professor program may last for three (3) or more years. In this example, the IGA Waiver should be initiated at the end of year two.
Q: Why should I wait until the latter stages of the program?
A: You should wait until the latter stages of the program's duration for three (3) reasons. First, the basis for your IGA is the claim that you are an important part of the research program and your anticipated absence, due to the limited duration of the J-1 program, will jeopardize the research project.
If there is more than one year remaining in your J-1 program, this point is hard to argue because the research project may be completed within the year. Second, time is necessary for you to publish articles which provide e necessary supporting evidence for your application. Third, you may need time to become acquainted with your project colleagues who will be writing recommendation letters on your behalf.
Q: How long does an IGA Waiver take?
A: You must first obtain a case number (which can take about a month). The amount of time required to obtain the IGA recommendations depends on each particular IGA. After the IGA recommendations are received, the State Department then reviews the case (4-8 weeks).
Q: How long does an IGA Waiver take?
A: You must first obtain a case number (which can take about a month). The amount of time required to obtain the IGA recommendations depends on each particular IGA. After the IGA recommendations are received, the State Department then reviews the case (4-8 weeks).
The State Department then forwards its recommendation to the appropriate USCIS Service Center. After a review, the USCIS service center should issue the final approval. An adjustment of status application (Form I-485) may be issued with just the letter of recommendation from the State Department. Different USCIS service centers have different review processing times.
Q: What should I do if my J-1 waiver is in progress but my status is about to expire?
A: Z&A offers a total solution tailored to your unique situation..
Q: Can you apply for both an IGA and a No Objection Letter simultaneously?
A: Yes. But you will need to submit a separate J-1 Waiver Recommendation Application (Data Sheet) to the U.S. State Department for each waiver sought and pay a separate processing fee.
Q: How much do you charge for an IGA Waiver?
A: For more information about our Attorney's Fees,.
Q: My time to process an IGA Waiver or No-Objection Letter has run out. What should I do?
A: First, you should request that your program sponsor extend your program to the maximum program duration. If you are about to reach the maximum duration period, you should consider an F-1 program and obtain Form I-20. Z&A can help you change to F-1 status via a Third Country Visa. For information about Third Country Visas, please click here. In the alternative, if an employer is willing to sponsor you for an O-1 Visa, you may apply for an O-1 Visa via the Third Country Visa process as well.
Q: What forms do I need to fill out for a waiver based on fear of persecution if I return to my home country?
A: Two forms must be completed: Form I-612 must be filed with the USCIS and Form DS-3035 to the Department of State.
Q: Should Form I-612 be submitted before of Form DS-3035?
A: You may either file both forms at the same time or file Form DS-3035 after the USCIS has approved Form I-612.
Q: Can one submit a wavier based on both fear of persecution and exceptional hardship?
A: No. Those two types of waivers should never be combined.
Q: Can I appeal a denial by the USCIS of an application based on fear of persecution?
A: Yes. You can file for reconsideration with the USCIS.
Q: What is the processing time for waivers based on fear of persecution?
A: According the State Department’s website, a fear of persecution waiver may take 3 to 4 months once all necessary documents have been submitted.
Q: What forms do I need to fill out for a waiver based on exceptional hardship if I return to my home country?
A: Two forms must be completed:, Form I-612 must be filed with the USCIS and Form DS-3035 to the Department of State.
Q: Should Form I-612 be submitted before of Form DS-3035?
A: You may either file both forms at the same time or file Form DS-3035 after the USCIS has approved Form I-612.
Q: Can I appeal a denial by the USCIS of an application based on exceptional hardship?
A: Yes. You can file for reconsideration with the USCIS.
Q: What is the processing time for waivers based on exceptional hardship?
A: According the State Department’s website, an exceptional hardship waiver may take 3 to 4 months once all necessary documents have been submitted.
Q: What is the processing time for waivers based on a request from a State health Agency?
A: According the State Department’s website, a waiver based on a request from a State health agency may take 4 to 6 weeks once all necessary documents have been submitted.
Q: Can I send the forms from the State health agency to the State Department myself?
A: No. The State health agency must send all documents to the Waiver Review Division directly.
Q: Is there a list of areas designated as underserved by the Department of Health and Human Services?
A: Yes, there is a list available on the Department of Health and Human Services’ website.
Q: Who makes the final decision on the waivers after the Department of State’s Waiver Review decision has made an approval?
A: After the Waiver Review Division approves the waiver request, the waiver is sent to the USCIS to make the final decision.
Q: Are J-2 holders subject to the two-year foreign residency requirement?
A: Yes. J-2 holders are subject to the same residency requirements as their principals.
Q: I am a J-2 holder.If the J-1 principal gets a waiver, will I be exempt from the two-year foreign residency requirement as well?
A: Yes. If the J-1 principal is successful in having his/her two-year foreign residency requirement waiver, then your two-year residency requirement will also be waived.
Q: May a J-2 holder file a waiver petition independently of the J-1 Principal?
A: In most situations, a J-2 Holder is not allowed to file an independent Waiver petition. If a J-2 holder obtains a divorce from the J-1 principal or if the J-1 principal passes away, an independent waiver petition may be possible. We recommend that you seek the advice of an experienced immigration attorney.
Q: What should I do if my J-1 waiver is in progress but my status is about to expire?
A: Z&A offers a total solution tailored to your unique situation..
Q: Can you apply for both an IGA and a No Objection Letter simultaneously?
A: Yes. But you will need to submit a separate J-1 Waiver Recommendation Application (Data Sheet) to the U.S. State Department for each waiver sought and pay a separate processing fee.
Q: How much do you charge for an IGA Waiver?
A: For more information about our Attorney's Fees,.
Q: My time to process an IGA Waiver or No-Objection Letter has run out. What should I do?
A: First, you should request that your program sponsor extend your program to the maximum program duration. If you are about to reach the maximum duration period, you should consider an F-1 program and obtain Form I-20. Z&A can help you change to F-1 status via a Third Country Visa. For information about Third Country Visas, please click here. In the alternative, if an employer is willing to sponsor you for an O-1 Visa, you may apply for an O-1 Visa via the Third Country Visa process as well.
Q: What forms do I need to fill out for a waiver based on fear of persecution if I return to my home country?
A: Two forms must be completed: Form I-612 must be filed with the USCIS and Form DS-3035 to the Department of State.
Q: Should Form I-612 be submitted before of Form DS-3035?
A: You may either file both forms at the same time or file Form DS-3035 after the USCIS has approved Form I-612.
Q: Can one submit a wavier based on both fear of persecution and exceptional hardship?
A: No. Those two types of waivers should never be combined.
Q: Can I appeal a denial by the USCIS of an application based on fear of persecution?
A: Yes. You can file for reconsideration with the USCIS.
Q: What is the processing time for waivers based on fear of persecution?
A: According the State Department’s website, a fear of persecution waiver may take 3 to 4 months once all necessary documents have been submitted.
Q: What forms do I need to fill out for a waiver based on exceptional hardship if I return to my home country?
A: Two forms must be completed:, Form I-612 must be filed with the USCIS and Form DS-3035 to the Department of State.
Q: Should Form I-612 be submitted before of Form DS-3035?
A: You may either file both forms at the same time or file Form DS-3035 after the USCIS has approved Form I-612.
Q: Can I appeal a denial by the USCIS of an application based on exceptional hardship?
A: Yes. You can file for reconsideration with the USCIS.
Q: What is the processing time for waivers based on exceptional hardship?
A: According the State Department’s website, an exceptional hardship waiver may take 3 to 4 months once all necessary documents have been submitted.
Q: What is the processing time for waivers based on a request from a State health Agency?
A: According the State Department’s website, a waiver based on a request from a State health agency may take 4 to 6 weeks once all necessary documents have been submitted.
Q: Can I send the forms from the State health agency to the State Department myself?
A: No. The State health agency must send all documents to the Waiver Review Division directly.
Q: Is there a list of areas designated as underserved by the Department of Health and Human Services?
A: Yes, there is a list available on the Department of Health and Human Services’ website.
Q: Who makes the final decision on the waivers after the Department of State’s Waiver Review decision has made an approval?
A: After the Waiver Review Division approves the waiver request, the waiver is sent to the USCIS to make the final decision.
Q: Are J-2 holders subject to the two-year foreign residency requirement?
A: Yes. J-2 holders are subject to the same residency requirements as their principals.
Q: I am a J-2 holder.If the J-1 principal gets a waiver, will I be exempt from the two-year foreign residency requirement as well?
A: Yes. If the J-1 principal is successful in having his/her two-year foreign residency requirement waiver, then your two-year residency requirement will also be waived.
Q: May a J-2 holder file a waiver petition independently of the J-1 Principal?
A: In most situations, a J-2 Holder is not allowed to file an independent Waiver petition. If a J-2 holder obtains a divorce from the J-1 principal or if the J-1 principal passes away, an independent waiver petition may be possible. We recommend that you seek the advice of an experienced immigration attorney.
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