J visa is another popular student visa, usually assigned to “exchange students” / scholars who receive scholarships from the home country or the U.S. or through private funds. Those receiving funds for their education are usually bound by a two-year residency requirement and hence must return to their native country upon completion of the studies in the United States. J-1 applicants must declare that they are financially able to live in the U.S. and need to show proof of health insurance for the duration of their stay in the U.S. A spouse of a J-1 visa holder will enter the U.S. on a J-2 visa. Such visa allows the spouse to work in the U.S. but he or she can only work to be able to afford leisure time activities such as movies, theater, but not for the support of the family. The J-2 holder fills out form I-765 in applying for Work Authorization. Form DS-2019 will spell out the length of the Exchange Program Period. A J-1 holder must leave U.S. within 30 days of that date in form DS-2019 and may not work during this time. J-1 holders may extend their J-1 visa before it expires, but not during the 30 days after expiration.
WAIVER OF THE TWO-YEAR REQUIREMENT
The two-year residency requirement pursuant to INA § 212(e) disallows adjustment or change of status before this return requirement is complied with. So, a student who wants to marry a U.S. citizen would not be able to do so, until she returned to the native country for two years. Spending the two years in a third country will not fulfill the requirement. Every six months, J-visa holders may apply for a waiver of the two year requirement by filing the form I-612 and paying the relevant fees.
Basis for Waiver:
1. Possible persecution on account of race, religion or political opinion. The applicant may be granted asylum pursuant to INA § 207 and adjust status under INA § 209 despite the two year residency requirement.
2. Exceptional hardship upon departure from the United States.
3. No objection letter. This common type of waiver is issued where the home country does not object to the waiver of the residency requirement. A “no objection” waiver usually takes between 2-3 months.
4. International Medical Graduate may obtain a waiver upon a recommendation of an interested state or federal agency interested in facilitating the physician's employment in a designated medically underserved area.
Two discuss anything mentioned herein, please contact our firm. See also our F-Visa and M-Visa pages.
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