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.
- Exceptional Hardship to a U.S. Citizen or lawful permanent resident spouse or child
- Likely Persecution due to the visa holder’s race, religion, or political opinion
- A U.S. Government Agency makes the request on the visa holder’s behalf
- No Objection Statement by the foreign government
- 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.
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||$7540||$2810||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||$5420||$1912||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||$5420||$1880||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||$5420||$1930||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||$5420||$1880||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.|
|General No Objection and Adjustment of Status||$5420||$1880 – $1930||Prices vary due to the J1 holder's home-country requirements and the processing time frame. The Adjustment of Status process could begin after the waiver is processed.|
|I-612 Exceptional Hardship Waiver and Adjustment of Status||$7540||$2810||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.|