By: Jennifer Fabian-Verzosa, Esq.

AFTER COMPLETING THEIR U.S. PROGRAM, CERTAIN J-1 VISA EXCHANGE VISITOR S  must physically return to their home country (or country of last residence) for 2 years in the aggregate before they can apply for lawful permanent residence, a fiance visa, or obtain an H or L visa. This is called the “ 2 Year Home Residency Residency Requirement ” under The Immigration and Nationality Act, Section 212(e).

An exception is if the J-1 Visitor qualifies for a “waiver” of the home residency requirement. Timing of a J-1 Waiver Application is critical, since you also do not want to be out of J-1 visa status. Therefore, it is helpful to be familiar with the processing times for the waiver you are interested in.

The following approximations have been provided by The U.S. Department of State:

CURRENT PROCESSING TIMES for J-1 waivers

• No Objection Waiver: 6 to 8 weeks
• Interested U.S. Federal Government Agency (IGA Waiver): 4 to 8 weeks
• Persecution Waiver: 3 to 4 months
• Hardship Waiver: 3 to 4 months
• Conrad State 30 Program Waiver (for physicians): 4 to 6 weeks

 Since each home country embassy and U.S. federal agency has its own processing time, the approximations above may still vary .   Due to the complexity of each of these waivers, it is always a good idea to consult with an immigration attorney to further determine your eligibility for a waiver of the home residency requirement.  It is really important to start planning ahead as soon as you know you want to apply for a waiver.

Our FRIENDLY IMMIGRATION OFFICE  would be happy to assist you with your J-1 waiver application, wherever you are in the United States . Contact us today for a free quote : (619) 431-2407  |  1-888-623-5444 (Toll-Free Nationwide), or email: contact@law-jf.com .

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• What You Should Know About the EAD (I-765)
• Reentry Permit 101 for Lawful Permanent Residents
• Do I “Need” an Immigration Attorney For My Petition or Visa?

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

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