J1Waiver.net - J-1 Home Residency Information



J-1 HOME RESIDENCY What is the requirement? Some J-1 visa exchange visitors and their dependents are required to return either to their country of nationality or country of legal permanent residence and to live there for a period of two years at the end of their J-1 waiver program. The purpose of this requirement is to provide the home country with the benefit of the exchange visitor's experience in the United States. Waivers of the Requirement There are five grounds for obtaining a waiver of the two-year home residence requirement:
A "no-objection" statement (not permitted for medical trainees).
	Your country's embassy in Washington can indicate in a direct letter to the State Department that it has no objection to your receiving a J-1 waiver, or the foreign ministry in your capitol at home can write to the U.S. embassy there. A "no-objection" statement will usually not lead to a J-1 waiver if the exchange visitor has received more than $2,000 in funding from the U.S. government.
Interest of a U.S. government agency.
	If your participation in research or a project sponsored by a U.S. government agency is of sufficient importance to that agency, it can apply to the State Department for you in its interest, not yours.
Fear of persecution.
	If you can demonstrate that because of your race, religion, political opinions, or nationality you would face persecution by your home government if you went back to your country, you might qualify for a J1 waiver by applying to the Immigration and Naturalization Service.
Exceptional hardship.
	If you can demonstrate that exceptional hardship to a U.S. citizen or permanent resident spouse or child of the exchange visitor would be caused by the exchange visitor's departure from the U.S. and residence abroad, you can apply for a J-1 waiver to the Immigration and Naturalization Service. Examples include inability to obtain necessary medical treatment abroad for an illness or subjection of the spouse or child to persecution or discrimination abroad.
State health agency request.
	A designated State Health Agency or its equivalent may request a waiver on behalf of medical doctors who have been offered a full-time job serving an area with a shortage of medical professionals.

Please note that it can be very difficult and in some cases impossible to obtain a waiver, especially based on fear of persecution or exceptional hardship. When you obtain a waiver, you essentially abandon your status as a J-1 exchange visitor. After obtaining a waiver recommendation from the U.S. State Department you are no longer eligible to extend your J-1 status or transfer to another J-1 waiver program. For more information, please visit the U.S. Department of State. Related Links: J-1 Visa U.S. Department of State