After coming to America on a J-1 visa, typically the exchange student wants to remain in America. Who wouldn't? The most plentiful and free country is hard to turn away. Here, in America, you get to be who you want to be without any laws that forbid you from expressing yourself. However, because the J-1 visa is designed to be a temporary exchange visa, typically your J-1 visa would be subjected to a 2 year foreign residency requirement.
The 2 year foreign residency requirement forces the J-1 visa holder to return to his home country and stay there for an aggregate of 2 years until he can apply to immigrate to America. He doesn't have to stay continuously in his home country for 2 years, it can be an aggregate. So that means he can stay for 1 year, come to US to visit as a tourist, go back and stay another year, and he would have fulfilled the requirement. Also, as my example illustrates, he can still apply for any non-immigrant visa to come to America. The only restrictions are visas that clearly indicate he intend on immigrating and live permanently in America, like an adjustment of status.
If you have this requirement, chances are high that you do, you can apply for a waiver. There are 5 reasons to use to get a waiver and you have to pick the one that suits you the best. Remember you only get 1 chance to apply and if you get denied, there is no appeal and the decision is final. There are many resources online to guide you on how to get a J-1 waiver for the 2 year foreign residency requirement. However, one of the most comprehensive and detailed guide on applying for a J-1 waiver is here. This guide contains everything you need to know on how to apply for a waiver, including details about which reason you should use in your situation to best maximize your chance on getting a waiver.
The J-1 2-year foreign residency waiver isn't too hard to get if you know what you are doing. So make sure you read the guide on J-1 visa waiver thoroughly before you begin your application. Make sure you pick the right reasons and also make sure first that you are subjected to the waiver. You can ask the Department of the State for free using the Advisory opinion. The steps to get an advisory opinion is also detailed in the guide here.
The 2 year foreign residency requirement forces the J-1 visa holder to return to his home country and stay there for an aggregate of 2 years until he can apply to immigrate to America. He doesn't have to stay continuously in his home country for 2 years, it can be an aggregate. So that means he can stay for 1 year, come to US to visit as a tourist, go back and stay another year, and he would have fulfilled the requirement. Also, as my example illustrates, he can still apply for any non-immigrant visa to come to America. The only restrictions are visas that clearly indicate he intend on immigrating and live permanently in America, like an adjustment of status.
If you have this requirement, chances are high that you do, you can apply for a waiver. There are 5 reasons to use to get a waiver and you have to pick the one that suits you the best. Remember you only get 1 chance to apply and if you get denied, there is no appeal and the decision is final. There are many resources online to guide you on how to get a J-1 waiver for the 2 year foreign residency requirement. However, one of the most comprehensive and detailed guide on applying for a J-1 waiver is here. This guide contains everything you need to know on how to apply for a waiver, including details about which reason you should use in your situation to best maximize your chance on getting a waiver.
The J-1 2-year foreign residency waiver isn't too hard to get if you know what you are doing. So make sure you read the guide on J-1 visa waiver thoroughly before you begin your application. Make sure you pick the right reasons and also make sure first that you are subjected to the waiver. You can ask the Department of the State for free using the Advisory opinion. The steps to get an advisory opinion is also detailed in the guide here.
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