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J Visa Waivers

The Law Offices of Stephanie DiPietro evaluates cases and will review all five types of waivers of the two year J Visa home residency rule.

A foreign exchange visitor can apply for a visa 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

The J-1 Visa or Exchange Visitor Program was first implemented in 1961 as part of the Mutual Educational and Cultural Exchange Act of 1961. The motivation behind this act was to promote the understanding of other cultures by the people of the United States and likewise the understanding of the America culture by people of other countries through educational and cultural exchanges.The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program.

A J-1 Visa is a non-immigrant visa available to aliens that fall under the designation of “Exchange Visitor”. J-1 exchange visitors travel to the United States through a Department of State approved sponsor program to teach, study, receive training or demonstrate special skills. To obtain a J-1 Visa, your sponsor must be accredited through the Exchange Visitor Program designated by the U.S. State Department.

Individuals who qualify for J-1 status if sponsored through an accredited Exchange Visitor Program include:

  • Au Pair
  • Camp Counselor
  • College or University Student
  • Government Visitor
  • Intern
  • International Visitor
  • Physician
  • Professor and Research Scholar
  • Secondary School Student
  • Short-Term Scholar
  • Specialist
  • Summer Work Travel
  • Teacher
  • Trainee

Certain types of J-1 exchange visitors require that the alien return to his/her home country or country of last permanent residence for a period of two (2) years after the completion of the J-1 status. However, there are certain circumstances where this requirement can be waived.

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