A J1 Visa is a special type of Visa that allows Interns, 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, whether by other employment or marriage to a U.S. Citizen, there are five statutory bases in which to request the removal of the residency requirements.
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.
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).
Below are estimates of our fees for Family-Based Green Card matters. If you do not see exactly what is needed to meet your needs, please contact us.
J-1 Home Country | Attorney Fee | Estimated Processing Fee & associated costs | Law Firm Insight for this Country Type |
---|---|---|---|
Philippines | $10,000 | $4,580 | Likely an Exceptional Hardship Waiver Filing. Due to 2021 Philippine Policy Changes, a Philippine No Objection Statement is practically no longer available as the Applicant MUST prove Philippine National Interest, which the common goal of staying with a US Citizen Spouse is not applicable to the Philippine National Interest. |
Colombia | $7,380 | $3,801 | No Objection Waiver Application has to be mailed to the Colombian Consulate, and then the Consulate sends it to a processing agency in Colombia. The Adjustment of Status process could begin after the waiver is processed. |
Brazil | $7,380 | $3,750 | Application has to be emailed to the consulate, which is super-efficient. The Adjustment of Status process could begin after the waiver is processed. |
Jamaica | $7,380 | $3,700 | Waiver Application has to be mailed to the Consulate. The Processing time of the Waiver can be slow. The Adjustment of Status process could begin after the waiver is processed. |
Chile | $7,380 | $3,650 | Application has to be emailed to the consulate, which is super-efficient, but the Processing Time is super slow. The Adjustment of Status process could begin after the waiver is processed. |
No Objection Statement (NOS) Waiver [Just the Waiver] | $2000 | $120-$220 | Many J-1 Professionals wish to acquire their NOS waiver prior to seeking H-1B Employment. Many H-1B employers may not entertain an applicant J1 that still needs a Waiver. If the country permits NOS, this waiver may make the applicant eligible for future employment. |
I-612 Exceptional Hardship Waiver and Adjustment of Status | $10,000 | $4,580 | When a No Objection Process is unavailable or likely to be denied. The Hardship Waiver removes the Foreign Government interaction in the waiver, the Applicants/Spouses request the US Government to Unilaterally waive the J-1 2-Year Home Residency. The Adjustment of Status process could begin after the waiver is processed. |
DISCLAIMER – The information does not constitute legal advice and please be aware that neither this website nor the use of information from this website creates an attorney-client relationship.
© 2021 Fickey Martinez Law Firm. All Rights Reserved.
This website has been built to be accessible for all users. If you experience any difficulty in accessing this website, please contact us for assistance.