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J1 Visa Waiver

A J1 Visa is a special type of Visa that allows Interns, Scholars, Doctors, Hospitality and Hotel, Public School Teachers, and Other Professionals to come to the United States for a few days and up to 5 years, depending on the underlying program. However, many J-1 visa holders have a residency requirement placed if their profession or area of study is within the exchange visitor skills list subject to Section 212(e).

If a J-1 visa holder seeks to remain in the United States beyond the end date of their program, the common reasons for staying included:

• Marriage to a US Citizen
• Job Offer from a US Employer
• Remain with Family in the United States
• Seek/Continue Medical Treatment that does not exist abroad
• Fear of Persecution abroad in the home country
• Exceptional Skills and Knowledge

Whether by other employment or marriage to a U.S. Citizen, there are five general statutory bases in which to request the removal of the residency requirements.

1. Exceptional Hardship to a U.S. Citizen or lawful permanent resident spouse or child
2. Likely Persecution due to the visa holder’s race, religion, or political opinion
3. A U.S. Government Agency makes the request on the visa holder’s behalf
4. No Objection Statement by the foreign government
5. A State Public Health Department (Conrad State 30 Program) for foreign medical graduates

It must be stated that requesting a waiver of a home residency requirement does not guarantee that a waiver will be given. Before a J-1 visa holder enters the U.S., some agree to return to the home country for two years. So, some may get the waiver, whereas others may not.

Common Countries subject to the J1 2-Year Home Residency Requirement:

The Following Countries are Subject under the Special Skills List (Updated: December 9, 2024):

1. Belize, Benin, Burkina Faso, Burma
2. Cabo Verde (formerly Cape Verde), Cambodia, Cameroon
3. Democratic Republic of the Congo, Djibouti
4. Ecuador, El Salvador, Eritrea, Ethiopia
5. Fiji
6. Gambia, Ghana, Guatemala
7. Haiti, Honduras
8. Jamaica
9. Kenya, Kosovo
10. Lebanon, Liberia
11. Malawi, Mali, Mauritania, Mozambique
12. Nepal, Nicaragua, Niger, Nigeria
13. Palestinian Authority (Gaza and West Bank), Philippines
14. Rwanda
15. Senegal
16. Tajikistan, Tanzania, Timor-Leste, Togo, Tonga
17. Venezuela
18. Yemen
19. Zambia

What countries were removed on December 9, 2024, more information here: https://www.fickeymartinezlaw.com/j1-special-skills-list-major-dos-update-december-9-2024

Our Experience:

Our Immigration law office has years of experience with J Visa Waivers, specifically with many NC J-1 Sponsors for Public School Teachers, like EPI and PARTICIPATE (Formerly VIF). The Immigration Attorney met and married a J1 Teacher over a decade ago, and has personally experienced the immigration process before beginning our immigration law firm in 2015.

Our office initially assisted Philippine J1 in the No Objection Statement process. So much so, that our office became an outreach location for the Philippines Embassy in DC for Legalization processes, which was required for every Philippine J1 seeking a waiver, to purchase property, or to do other legal matters in the Philippines. Shortly thereafter, our office received assistance requests for other J1 Professionals from:

• Colombia
• Jamaica
• Honduras
• Brazil
• Costa Rica
• Chile
• Ecuador

Below are estimates of our fees for J1 Visa Waiver Filings and Family-Based Green Card matters. If you do not see exactly what is needed to meet your needs, please contact us.