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J Waivers

Section 212(e) home residency requirement

In accordance with Section 212(e) of the Immigration and Nationality Act, specific J-1 visa holders, along with their J-2 dependents, are obligated to fulfill a two-year home residency requirement. Compliance with this requirement mandates that individuals, upon completion of their J-1 exchange visitor program, return to their home country for a minimum period of two years. Only after meeting this obligation or obtaining a waiver can they pursue a change in visa status, such as transitioning to H or L visa classifications, or seek lawful permanent residency.

To ascertain whether they are subject to the two-year home residency requirement, J-1 and J-2 visa holders should examine their visa documentation. The lower central region of the visa reveals whether an individual is bound by this condition. Should uncertainty persist regarding the applicability of the two-year home residency requirement, one may file a request for an advisory opinion with the United States Department of State’s Waiver Review Division.

Proven Results

Understanding the 612 J Waiver

  • An individual may initiate the waiver process by soliciting a No Objection Statement from the relevant government authority in their home country. This statement should explicitly declare the absence of any objection on the part of the government to the individual’s continued stay in the United States, thus waiving the two-year home residency requirement. The individual should directly approach their country’s embassy in Washington D.C. to obtain the aforementioned No Objection Statement. Subsequently, the embassy will transmit the No Objection Statement directly to the Department of State’s Waiver Review Decision.

Start the  J Waiver process by filling out the form below

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