J-1 immigration visas are nonimmigrant visas for researchers, professors, and other exchange visitors who wish to take part in cultural exchange programs here in the U.S. These programs commonly involve medical or business training or education. Those applying for a J-1 visa are required to be sponsored by an educational institution, by a government program, or by a private entity.

Generally, J-1 visas holders are not allowed to obtain lawful permanent residency, adjust their immigration status, or obtain employment-based or family-based immigration statuses until they return to their last foreign residence and maintain a cumulative residency there of two years. If you are eligible, you may apply for a waiver of this home residency requirement. It is important that you consult with one of our Marietta immigration attorneys who can review your case and advise you on this matter.

Contact Hope Immigration, LLC at (678) 713-4255 to discuss your need for a waiver today.

Who is Subject to the Home Residency Requirement?

In general, you are subject to the home residency requirement in the following situations:

• You are part of a program that has been funded by an agency of the U.S. government or your home country’s government
• You are part of a program funded by an international group that has been funded by your home country’s government or the U.S government
• You are part of a program involving a specialized field of knowledge that is needed by your home country and the skills you will learn are part of the Exchange Visitors Skills List created by your home country’s government
• You are part of a program in which you will obtain graduate education or training in a medical field

Those who are subject to the home residency requirement may still travel to the U.S. but they cannot change or adjust their immigration status to temporary nonimmigrant worker, intracompany transferee, fiancé, or green card holder.

Waivers are available to J-1 visa holders under five different categories, such as obtaining a no-objection statement from your home country verifying that it has no problem with you staying in the U.S. and waiving the residency requirement.

To find out if you qualify for such a waiver, you can consult with a Marietta immigration attorney at Hope Immigration. We can explain how the waiver works, determine your qualifications, and ensure that your waiver application is completed and submitting properly.

For help with your waiver, phone our firm at (678) 713-4255 as soon as possible.