The USCIS prefers a watermarked document or one that contains other distinctive marks that confirms the authenticity of the material. This includes current and former exchange visitors. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution. Do you believe you will be persecuted based on your race, religion, or political opinion if you return to your home country? Alternatively, if they qualify, they can travel without a visa under theVisa Waiver Program. ms"4K3arM6U(vqM[V%SM[\u|FPdw>SkIoW(k({A@R,/d!fD Note The petition must also be submitted with a copy of any written summary of the terms of the agreement between you and your employer. By continuing to browse this website, you agree to our use of cookies. As a J-2 spouse subject to the home residence requirement, can I apply They may enroll either full-time or part-time. A J-2 visa is a non-immigrant visa that's issued to spouses and dependents (unmarried children under the age of 21) of J-1 visa holders to. Request by an Interested U.S. Federal Government Agency: Are you working on a project for or of interest to a U.S. federal government agency? Spouse and/or minor children (under the age of 21 years) of J-1 exchange visitors who accompany, or later join the J-1 holder in the U.S., can apply for a J-2 visa. You can schedule a consultation with us today by filling out this contact form. You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver. U.S. laws relevant to waivers of the two-year home-country physical presence requirement: Section 212(e) of the Immigration and Nationality Act. There are five bases upon which a waiver can be granted; you must meet the eligibility requirements of at least one of the five categories and then apply in accordance with the provision under that category. I am on a J2 visa and would like to convert to a F1 visa of my own. fresh graduates who are just starting out in their careers) may not meet the above criteria. The head of the agency or his or her designee must sign the Interested Government Agency request and submit it to the Waiver Review Division. visa, etc. 719 0 obj <> endobj You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. Latest News g L65d"8oPx-XOcH`z6a^k^Mux6R|$Da@Nw~=3D"!,CK-\{R2(YaUYvY,4>~ox/8k? It allows federal programs to waive the two-year home-country physical presence requirement for foreign physicians, who received J-1 status to pursue graduate medical education/training, in return for at least 3 years of medical service to patients in or from underserved areas. If you are in this category and would like to change your status without fulfilling the two-year exercise, you may be able to file for a waiver. (if required) and apply for anew status upon re-entry. |Hs>84,>6U l@;d=6U+V3O!C1v[B7N78h@2hzJb*k$t"m(7i-h;5vG?BP4 ?r3;9EObnvU=w(o;=INbhplU? The employer must file the I-129 to petition the USCIS on your behalf. There are a few circumstances that allow for a J1 waiver, helping you to circumvent the 2 years home residency requirement: Getting a no objection statement from your home country, confirming that your home government has no objection to you not returning to the home country and has no objection to you staying in the US. !Y~Hz:KM)&]/ww gfI/u@}\1VeIM}0`M^:`pz\I]!sC The Department of Homeland Security must approve your waiver before you can change status in the United States or receive a visa in certain categories. Any U.S. federal government agency may request a waiver under this basis. We will review your exchange visitor program documents to determine if you are subject to this requirement. Regarding change of employer on J1 status without going back to home country By Shreyansh , . Your personal information is protected by our Privacy Policy. USCIS will forward its decision to the Department of States Waiver Review Division. You just cannot switch to H1B, L, or apply for a greencard until completing the 2 yr requirement or getting a waiver. Persons alreadyin the U.S. should be careful to continue tomaintain their current status until their petition/application is approved and ensure that their current period requirement? USCIS will forward its decision to the Department of States Waiver Review Division. See information on J-1 Exchange VisitorStudents and Scholarsand J-2 Dependents here. A completed and signed Form I-129 from the Petitioning Employer (LSUHSC) with the following: Evidence of current immigration status for beneficiary (I-94, DS-2019, I-797, passport, If you travel outside the US after your change of status is approved, your will need to apply for a F-1 visa stamp in your passport. The embassy must send the No Objection Statement to the Waiver Review Division. It means you must return to your home country for a cumulative total period of at least two years. Visit insubuy.com or call +1 (866) INSUBUY or +1 (972) 985-4400, Visit insubuy.com or call 1 (866) INSUBUY or +1 (972) 985-4400, Form I-765, Application for Employment Authorization. ?|MWK~8u2CNOI ?*mBvUJ6J"X4rr_o7O&Yna-jK~5zfi~}R ) 7 ThYG:w"1Npz~_E&$J3"up[Ebvtw~Fd4TwgO?$r2hr|%L{Lm$ ixV}2+"ChDj~ 9 >WmxEhlRINw$GINwQ)gx}XX}S?B | CyI|xZ| ]~:kabovdDu6z* You must request an Advisory Opinion for an official determination. SelectEligibility Informationabout J-1 exchange visitors are subject to the two-year home-country physical presence requirement and whether a waiver is available to you. J1 waiver approved more than 90 days before training completion, Extension of DS-2019 while J1 waiver pending, J1 NORI Certificate from Regional Passport office. This matter is important for the many J-2 spouses seeking to transition to statuses other than H-4 while their J-1 spouses comply with the three-year H1B service requirement of the Conrad 30 waiver. from a U.S. consulate and re-enter in H1B status. hb```b``Vb`e`P B,@Qvf\REc'&gQ &%\S4E225)1+0;0^`P` AcS42t6hI fZ}.\H30eAZXC3r g*2 The J-2 dependent may still obtain a status other than H-4 by exiting the U . Change your J1/J2 to a F1 visa! The primary applicant on J-1 visa gets the waiver, and the dependents on J-2 visa also automatically get the waiver. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of exceptional hardship. Some of the. The, is one of the categories you can easily switch to from your J-1 status. If so, you may apply for an exceptional hardship waiver. immihelp.com is private non-lawyer web site. I am the J-2 spouse of a If you are a medical graduate and there is a full-time job offer for you in a state public healthcare facility or its equivalent, you may file for a waiver under this basis. have an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area; agree to begin employment at that facility within 90 days of receiving a waiver; and. You will need to get a waiver approval from the Department of Homeland Security before you can be eligible to apply for a change of status to O-1 visa. Persons who have entered or are currently in the United Statesand are maintainingvalid statusmay request a changeof their current statuswithout having to leave the U.S. by submitting a petition or application to USCIS. Hello everyone! Dependents should be listed in the J-1 visa waiver application. Crest Way, Suite 200 s Mercer Island One of the advantages of an exchange visitor visa is that you are allowed to change from J-1 to another nonimmigrant status if you wish to remain in the United States after the completion of your program. 4. %%EOF Ranchod Law Group December 28, 2022 Why you need a J2 Waiver J1 Persecution Waivers for Ukraine Citizens Home . J-1's Conrad 303-year waiver obligation has been met. All your dependents can be included in one I539. It requires you to return home for at least two years after your exchange visitor program. certificate. is meant for individuals in the arts, motion picture or television industry. In cases of death or divorce from the J-1, or when a J-2 child reaches age 21, the J-2 spouse or child may apply for a waiver from the State Department's Waiver Review Division. hbbd```b``n [A$,Elu0*`5 Dlu`qKY' *4eu=M 2206$f0 3 For information about your privacy, please read our Privacy Policy and Terms of Use. There are many things required of you, your prospective employer, and your dependents. To prove this, you must show evidence of at least three of the following: The O-1B subcategory is meant for individuals in the arts, motion picture or television industry. Alternatively, a designated ministry in your home government may issue the No Objection Statement. It must state your government has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident of the United States. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. November 15, 2022. If the dependents of a J-1 visa holder do not intend to stay in the U.S., but would like to visit for vacations only, they may be eligible to apply for visitor (B-2) visas. Economics and Computer Science (30.3901). Change from J1 to F1 I am in thde middle of applying for my waiver. They may enroll either full-time or part-time. (This waiver category is also known as the Conrad State 30 Program.) If you wish to remain on travel.state.gov, click the "cancel" message. >8z*,N#Kof,~nA^@L? 748 0 obj <>/Filter/FlateDecode/ID[<83754C38F05FFD46B657AA990CABA9DE><11535D6A863EA0408D80A2816E81A152>]/Index[719 83]/Info 718 0 R/Length 129/Prev 271371/Root 720 0 R/Size 802/Type/XRef/W[1 3 1]>>stream All Rights Reserved. to obtain H-1B status must fulfill the requirement or obtain a waiver of the requirement. If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if: You were admitted to the United States to receive graduate medical training, unless you receive a special waiver. Request by a designated State Public Health Department or its equivalent (Conrad State 30 Program): Are you are a foreign medical graduate who obtained exchange visitor status to pursue graduate medical training or education? In this case, you will need the head of the agency to sign your request and submit it to the Waiver Review Division.