This blog post will cover the two main waiver types common for J1 Public School Teachers: No Objection Statement (NOS) and Exceptional Hardship. What many don't know are the actual statistics for J1 Visa Holders. Some might look at the below DOS Waiver Review Statistics, and think, I have a GREAT chance for success:
Years | NOS Approval | NOS Denial | Total |
---|---|---|---|
2019 | 5,363 | 80 | 5,443 |
2020 | 5,380 | 64 | 5,444 |
2021 | 5,208 | 64 | 5,272 |
Years | Exceptional Hardship Approval | Exceptional Hardship Denial | Total |
2019 | 219 | 0 | 219 |
2020 | 275 | 3 | 278 |
2021 | 255 | 7 | 262 |
HOWEVER, statistics can be deceiving.
For starters, the Waiver Review Division does not DENY every Waiver Filing. Instead, the filing can sit indefinitely, not affecting the Denial Statistic.
For J1 Visa Holders, it is great to understand HOW MANY J Visas are issued each year:
2019: 391,561
2020: 123,742
2021: 148,623
2022: 315,065
2023: 348,721
Now, if you are a J1 Teacher, how many J1 Visa Holders do you that are currently pursuing a J1 Waiver? You can likely think of quite a few. At any given time, there are close to 1 million J Exchange Visitors in the United States at a given time, many of which are subject to the 2-year Home Residency Requirement.
5,500 Waiver Applicants is not a significant percentage of the entire J Visa Population. Now, not every J-1 Teacher would pursue or qualify for the J1 Waiver. However, due to the "scarcity of teachers" (a very common term), many J-1 Teachers should consider their immigration and employment options.
Our office is happy to provide a consult to explain any options after the J1 Program.
https://www.fickeymartinezlaw.com/immigration/snapshot-2021-j1-visa-issuance-in-north-carolina
https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion
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