J-1 Waiver: Travel Abroad Restrictions

J-1 visa holders are required to return to their home country for two years before pursuing any further visas or green cards. This is known as the two-year home-stay or foreign residence requirement. However, it is possible to apply for a J-1 waiver to circumvent this requirement.

There are five ways to obtain a J-1 waiver:

1. Through a No Objection Statement from your home country’s government indicating that your home country does not take issue with you staying in the U.S.

2. If returning home would expose you to the threat of persecution.

3. If returning home would cause extreme hardship to you or your family.

4. Through a federal government agency that takes a specific interest in you and requests your continued presence in the U.S.

5. If you are a physician who has an offer of full-time employment at a healthcare facility in an area designated as having a shortage of doctors, and you agree to work there full-time for at least three years.

Travelling outside the US during your J-1 program

Yes, you can travel outside the US on a J-1 visa, but there are several factors to consider before making international travel plans.

• Notify your J-1 Program Sponsor: J-1 visa holders must notify their J-1 Program Sponsor of their intended travel plans well in advance to avoid issues, including termination of their J-1 program.
• DS-2019 travel endorsement: Ensure your DS-2019 form is travel-endorsed. This validation lets US customs officers know that your J-1 Program Sponsor is aware of your travel plans and helps you avoid delays at the port of entry when returning from abroad. The travel endorsement is valid for all travel within 12 months from the endorsement date.
• Duration of travel: Generally, J-1 visa holders may not travel outside the US for more than 30 days without being considered to have "abandoned their program." Any exceptions to this rule must be approved in advance by the J-1 visa sponsor, and the purpose of the trip must align with the goals of the Exchange Visitor's J-1 program. There is no duration limitation for J-2 dependents.
• Destination: If you are travelling to a US territory, such as Puerto Rico or the US Virgin Islands, you do not need a US visa to return. However, always carry your passport, DS-2019, and I-94. If visiting other countries, check their consulate to determine if a visa is required. Visitors to Canada, Mexico, or adjacent islands (except Cuba) may be eligible for automatic visa revalidation.
• J-1 visa validity: Ensure your J-1 visa will be valid at the time you intend to return to the US, unless you are eligible for automatic revalidation. The visa must be valid for at least six months beyond the intended period of stay in the US.
• Documents for re-entry: To re-enter the US, you will need a valid DS-2019 with a travel validation signature, a valid J-1 or J-2 visa, and other supporting documents.
• J-2 dependents: A J-2's status is dependent on the J-1's presence in the US. J-2 dependents cannot remain in the US if the J-1 is outside the country. Each J-2 dependent needs their own DS-2019, a valid passport, and a J-2 visa stamp for initial entry into the US.

To re-enter the US after international travel on a J-1 visa, you will need the following documents:

• DS-2019 with a travel validation signature from your program sponsor, valid for up to 12 months. Carry all DS-2019s ever issued, not just the most recent one.
• Valid J-1 or J-2 visa. If the visa has expired, request a new one from a US consulate before returning to the US, and anticipate potential delays due to security reviews.
• Other supporting documents, such as a passport, I-94, and financial documentation.

The two-year home-country physical presence requirement

There are several conditions under which this rule may apply to a J-1 visa holder. The first is if they have participated in a government-funded exchange program. This includes programs funded in whole or in part by a US government agency, the exchange visitor's home country government, or an international organisation that received funding from the US or the visitor's home country.

The second condition is if the visitor participated in a program involving an area of study or field of specialised knowledge designated as necessary for the further development of their home country. This includes fields listed on the Exchange Visitor Skills List.

The third condition is if the visitor participated in a graduate medical education or training program.

If any of these conditions apply, the J-1 visa holder must spend two years in their home country before they can apply for a nonimmigrant temporary worker (H) or intracompany transferee (L) visa, adjust their status to immigrant visa/lawful permanent resident status (LPR), or receive an immigrant visa at a US embassy or consulate.

However, it is possible to apply for a waiver to bypass this requirement. The Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS) can grant this waiver, but the former exchange visitor must first apply for it. The Department of State's Waiver Review Division must then recommend the waiver to the USCIS. There are five bases under which one can apply for a waiver:

• No Objection Statement: The visitor's home country government may issue a No Objection Statement, stating that they have no objection to the visitor not returning to their home country for two years and no objection to the possibility of the visitor becoming a US lawful permanent resident.
• Request by an Interested US Federal Government Agency: If the visitor is working on a project of interest to a US federal government agency, and the agency has determined that the visitor's departure would be detrimental to its interests, the agency may request an Interested Government Agency Waiver.
• Exceptional Hardship: If the visitor can demonstrate that their departure from the US would cause exceptional hardship to their US citizen or lawful permanent resident spouse or child, they may apply for an exceptional hardship waiver.
• Persecution: If the visitor can demonstrate that they would face persecution based on their race, religion, or political opinion if they returned to their home country, they may qualify for a waiver.
• Request by a designated State Public Health Department or its equivalent (Conrad State 30 Program): This applies to foreign medical graduates who obtained exchange visitor status to pursue graduate medical training or education. They must meet certain criteria, including having an offer of full-time employment at a designated healthcare facility and agreeing to work there for at least three years.

Applying for a waiver

Applying for a J-1 Waiver

After their exchange, some J-1 visa holders are required to spend two years in their home country. This is part of the U.S. Immigration and Nationality Act, Section 212(e). If you are unable to return home for two years, you must apply for a waiver. The Department of Homeland Security must approve your waiver before you can change your status or receive a visa in certain categories.

To apply for a J-1 waiver, follow these steps:

Step 1: Complete the Online J Visa Waiver Recommendation Application, Form DS-3035. This form is available on the J Visa Waiver Online webpage and must be completed online. The fee for the application is non-refundable.

Step 2: Mail your completed application, along with legible copies of all Form DS-2019/IAP-66 ever issued to you, and the application fee to one of the two addresses provided on the website. The address depends on the mailing method you choose.

Step 3: Submit your supporting documents. These documents are in addition to those submitted in Step 2 and vary depending on the basis for your waiver request. Certain supporting documents will need to be submitted directly to the Waiver Review Division by third parties.

Step 4: Check your waiver request status and update your contact information, if needed. After completing Steps 1-3, your waiver application is complete. You can check the status of your case on the J Visa Waiver Online webpage by entering your case number. Allow approximately one month after submitting your application before checking your status.

Step 5: If the Waiver Review Division requires additional information or documents from you, they will contact you via email.

Step 6: Processing times vary depending on the basis of your waiver request. The times provided on the website are estimates, and the processing time for your application begins when your file is complete.

Step 7: The Department of State, Waiver Review Division, will forward its recommendation to the U.S. Citizenship and Immigration Services (USCIS) and notify you via email. USCIS makes the final determination on your waiver request and will notify you of their decision.

It is important to note that you do not have a waiver of the two-year home-country physical presence requirement until USCIS informs you of an approved waiver.

Five grounds for obtaining a waiver

J-1 visa holders are required to return to their country of origin for two years once their program is complete. However, some J-1 holders may be able to waive that requirement by applying for a "212e Waiver".

There are five bases for applying for a waiver:

• No Objection Statement: This requires a letter from an official in your home country indicating that your home country's government does not object to waiving the two-year home residency requirement.
• Request by an Interested U.S. Federal Government Agency: This requires a letter from the head of the agency or their designee explaining why granting a waiver is in the public interest of the United States and why it would be detrimental to the agency's program if the applicant were to return to their home country.
• Exceptional Hardship to a U.S. Citizen or Lawful Permanent Resident Spouse or Child of an Exchange Visitor: Mere separation from your U.S. citizen or lawful permanent resident spouse or child is not sufficient to establish exceptional hardship. You must submit Form I-612, Application for Waiver of the Foreign Residence Requirement, to the U.S. Citizenship and Immigration Services (USCIS).
• Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program): This waiver basis only applies to foreign medical doctors who received their exchange visitor J-1 status to pursue graduate medical education or training. The relevant state public health department must send a letter stating that it is in the public interest for the applicant to remain in the U.S., along with other supporting documents.
• Claim of Persecution: You may be able to claim persecution on the basis of race, religion, or political opinion. You must prove that you will be subject to persecution, not that you have been subject to past persecution.

J-1 Waiver to Green Card

J-1 visa holders are not eligible for a U.S. green card and must demonstrate their intention to return to their home country after their J-1 status has ended. However, it is not impossible to transition from a J-1 visa to a green card.

J-1 Waiver

Firstly, J-1 visa holders must fulfil the home residency requirement, which obligates them to return to their home country after their J-1 status has ended and remain there for two years before pursuing any further visas or green cards. There are five ways to obtain a J-1 waiver to circumvent this requirement:

• Through a No Objection Statement from your home country’s government indicating that they do not take issue with you staying in the U.S.
• If returning home would expose you to the threat of persecution.
• If returning home would cause extreme hardship to you or your family.
• Through a federal government agency that takes a specific interest in you and requests your continued presence in the U.S.
• If you are a physician, you can file for a National Interest Waiver (NIW) for an EB-2 green card.

Once you have obtained a J-1 waiver, you have three options for submitting the waiver:

• Submit the immigrant petition and J-1 waiver concurrently, along with evidence that you did not initially intend to get a green card.
• Submit the J-1 waiver, have it approved, and then submit the immigrant petition.
• Submit the immigrant petition, have it approved, and then submit the J-1 waiver.

Alternatively, you can change your status to a nonimmigrant visa with dual intent, such as an H-1B, L-1, or O-1 visa.

J-1 to Green Card Through Marriage

If you are married to a U.S. citizen or lawful permanent resident, your spouse can sponsor you to become a lawful permanent resident. In this case, you will either need to obtain a waiver or wait until after the two-year requirement for the home country assignment has passed before beginning your green card process.

Frequently asked questions