J1 Waiver Options and FAQ 2023 | Expedite and Processing

J-1 visa holders, and their dependents, who’re subject to INA §212(e) are required to return to their home country for two years, or must obtain a “J-1 waiver” before they can change or adjust their status. If you do not want to return home for the two-year “home country residence requirement,” you can apply for a waiver of the requirement under any one of following five grounds:
Request by a Designated State Department of Health;
Interested Government Agency (IGA)
Persecution;
No Objection Statement;
Hardship.
If you are not on a J1 visa but need a hardship waiver, learn more about other hardship waiver options here.
HARDSHIP
J-1 visa holders who can demonstrate that their departure for two years would cause “exceptional hardship” to their United States citizen or lawful permanent resident spouse or child (“qualifying relatives”) may obtain a waiver of the two-year foreign residence requirement.
ADVANTAGES AND DISADVANTAGES OF THE J1 HARDSHIP WAIVER
The benefits of the hardship waiver are that, if approved, the applicant can apply for permanent residence or a H1B visa rather than spending three years in H-1B status as may be required under the IGA wavier process. A physician would also not be limited to employment in underserved areas, but can take a position anywhere.
The disadvantages are that the outcome of the application, and the time to process it, is difficult to predict.
The hardship to the qualifying relatives in the event they were to go with the applicant to the home country, or in the event they were to remain in the United States, should be considered equally.
REQUIREMENTS FOR A J1 HARDSHIP WAIVER
Typical hardships include medical hardship, psychological hardship, political and social conditions in the home country, and economic and career disruption which would impact the qualifying relative(s). Length of marriage, number of children, original nationality of the qualifying relative, and any past separation between the applicant and the qualifying relatives are also taken into consideration.
Mere separation and the attendant sadness that this involves is not enough to outweigh the public policy objectives of the J1 program.
Because the hardship waiver is not easy to obtain and is highly fact based and subject to discretionary considerations by adjudicating officers, waivers should not be submitted without careful preparation. An experienced immigration attorney can help you determine whether your waiver has a reasonable possibility of success.
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[@agriculturandlifestyle1852]

Informative

[@TheGreenCardLawyer]

Thank you for your support🙏🏽

[@emhorg6387]

Hi! I have a query regarding 2 year home country visit for those on J1 visa. For those who have taken this route and went back to home I will appreciate your input to following qs:
1) Do you become eligible for green card after 2 year home country visit
2) how easy was it to get the visa
3)When you do get the visa is it sponsored through a job or government ( as in its compulsory to do a job or be in US for certain time after its acceptance)
4) Do you have to do any job while you are in your home country
5) Can you travel to other country during these 2 year?
Thankyou!

[@TheGreenCardLawyer]

An applicant becomes eligible to apply for a Green Card after fulfilling the two year home residency requirement or applying for the waiver.

[@kausp.8775]

What happens if I've had multiple J-1 visas with the 212e? Do I need a separate DS-3035 application for each?

[@TheGreenCardLawyer]

Usually one J1waiver may apply to applicants with multiple J1 visas with the 212e requirement.

[@sandhyarasaili9080]

I was on state funded J1 9 years ago. I came back to the States on F1 and still hold the F1 status. Didn't fulfil residency requirement yet. I am also married to the US citizen. I do not feel like I fall on a prosecution or hardship waiver criteria. Could you please advise me on this situation? Thanks

[@TheGreenCardLawyer]

You may want to consider exploring the J1 hardship waiver option. You can connect with us at 916-613-3553 or [e-mail].

[@swiftmars8791]

Can my USC adult son apply for I-130 while I wait for a hardship waver?

[@TheGreenCardLawyer]

Do you want to apply for an I601a or J1 exceptional hardship waiver?