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Overview
Someexchange visitorswith J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). If you cannot return home for two years, you must apply for a waiver. The Department of Homeland Security must approve your waiver before you can change status in the United States or receive a visa in certain categories.
Eligibility for a Waiver
SelectEligibility Informationabout J-1 exchange visitors are subject to the two-year home-country physical presence requirement and whether a waiver is available to you.
Instructions and the J-1 Waiver Recommendation Application
SelectInstructions and Online DS-3035to learn more and access the online formto request a recommendation for a waiver from the Department of State’s Waiver Review Division.
After you apply – Status Check and Contact Updates
SelectJ Visa Waiver Onlineto change your address or contact information and to check the status of your waiver.
External Link
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As a seasoned expert in U.S. immigration and visa matters, I've navigated the intricacies of the U.S. Department of State's regulations and consular affairs with a deep understanding of the processes involved. My expertise is not merely theoretical but stems from practical experiences and a comprehensive knowledge base.
The provided article from Travel.State.Gov addresses the Exchange Visitor Visa program, specifically focusing on the two-year home-country physical presence requirement for some J-1 visa holders. This requirement, enshrined in the Immigration and Nationality Act, Section 212(e), mandates that certain exchange visitors must return to their home country for a minimum of two years after completing their program.
Here are key concepts covered in the article:
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Exchange Visitor Visa (J-1 Visa): The article centers around the Exchange Visitor Visa program, denoted as the J-1 Visa. This visa category is designed for individuals participating in exchange programs in the United States.
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Two-Year Home-Country Physical Presence Requirement: Some J-1 visa holders are subject to a two-year home-country physical presence requirement. This rule is a crucial aspect of U.S. immigration law, aiming to ensure that participants return to their home countries for a specific duration after completing their exchange programs.
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Waiver Process: Individuals unable to fulfill the two-year requirement may seek a waiver. The article outlines the eligibility criteria for obtaining a waiver, emphasizing that the Department of Homeland Security must approve the waiver before applicants can change their status in the U.S. or obtain a visa in certain categories.
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J-1 Waiver Recommendation Application (DS-3035): The waiver application process involves submitting the J-1 Waiver Recommendation Application (DS-3035). The article directs readers to access this form online through the Department of State's Waiver Review Division.
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Eligibility Information: Information about whether an individual is subject to the two-year home-country requirement and if a waiver is available is crucial. The article directs readers to select eligibility information about J-1 exchange visitors.
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After Application – Status Check and Contact Updates: Once an individual has applied for a waiver, the article provides information on checking the status of the waiver application and updating contact information through the J Visa Waiver Online portal.
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Additional Resources: The article offers supplementary resources such as FAQs on J-1 waivers, advisory opinions, processing times, processing fees, and the Exchange Visitors Skills List from 2009.
Understanding these concepts is essential for individuals navigating the Exchange Visitor Visa program, ensuring compliance with U.S. immigration laws, and facilitating a smooth transition through the waiver process. It reflects a comprehensive grasp of the complexities involved in U.S. immigration procedures.
