J-1 Visa Hardship Waivers

professional legal support

West Law, P.C. specializes in the drafting and submission of applications for waiver of the 2-year home return foreign residence requirement, under Section 212(e) of the Immigration and Nationality Act for current or former J-1 visa holders. Our firm has limited spots, so contact us for availability. While we can assist you with any type of waiver, we specialize in hardship waivers.

J-1 Visa OverviewA J-1 Visa is a nonimmigrant exchange visitor classification that authorizes those who participate in an approved program the ability to teach, instruct or lecture, conduct research, consult, perform a special skill or receive training such as graduate medical education or training in the United States.Two-year Home Residency RequirementMany who received a J-1 Visa are subject to the two-year home residency requirement, and are required, upon the expiration of their J-1 Visa, to return to their country of last residence for two years. This requirement is especially sticky, and persists even following marriage to a U.S. Citizen or Permanent Resident.Waivers of Two-Year Home Residency RequirementFederal law allows for the waiver of the two-year home residency requirement in five enumerated situations, not all of which apply to any individual case: 1) No objection from home country government, 2) Risk of persecution, 3) Interested U.S. U.S. Federal Government Agency, 4) Request by State Public Health Department (Conrad 30 Program), and 5) Exceptional Hardship to U.S. Citizen (or LPR) Spouse or Child.