For certain J visa holders, also called exchange visitors, there is a requirement that you must hold a foreign residence for two years after your exchange visitor program has ended prior to being eligible for an H-1B1 or L-1 work visa or for permanent residency. However, there are some circumstances where you can have this two-year requirement waived. This waiver is called a J visa waiver.
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At Van Der Hout, Brigagliano & Nightingale, LLP, our San Francisco J visa waiver lawyers assist individuals throughout the U.S. in obtaining the waiver they need to stay here. We have the experience and dedication to help you understand your options and seek your immigration goals. Call our office to learn more at 415-981-3000.
Grounds For Obtaining A J Visa Waiver
In order to waive the two-year foreign residency requirement, you must be able to prove that you meet one of the five grounds for the J visa waiver. One of our immigration attorneys can help you evaluate your situation to determine if you fit within any of the following grounds:
- Interested government agency waiver: A government agency can request the two-year foreign resident requirement be waived if such a time period would be a detriment to the work that the exchange visitor is doing on behalf of that government agency.
- Persecution waiver: An exchange visitor can submit a J visa waiver request if the visitor believes he or she will be persecuted on the basis of race, religion or political opinion upon returning to his or her home country.
- Extreme hardship waiver: In circumstances where the exchange visitor has a spouse or child that is a U.S. citizen or permanent resident, the exchange visitor can request a waiver on the basis that such a time requirement would place an extreme hardship on that citizen or permanent resident.
- State public health department (Conrad program) waiver: This J visa waiver applies specifically to medical doctors who are willing to work in an underserved area for three years or more.
- "No Objection Statement" waiver: This waiver is obtained from your home country's government, in which your government states it has no objection that the exchange visitor completes the otherwise-required two-year foreign residency.
We can assist you with these J visa issues and other visa problems to find a timely solution.
Contact A Palo Alto Immigration Law Attorney At Our Law Firm
We are here to help you obtain the J visa waiver you require to stay in the U.S. Contact us directly to schedule your initial consultation over the phone or at our San Francisco, California, law office. Initial consultations are provided at a rate discounted from our standard fee.
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