Your J-1 visa was sponsored by your exchange program and the process was most likely done from your home country. Persons who have entered or are currently in the United Statesand are maintainingvalid statusmay request a changeof their current statuswithout having to leave the U.S. by submitting a petition or application to USCIS. requirement. The department must send a waiver request on your behalf to the Waiver Review Division. include but are not limited to, the following: An unlimited period of stay in the U.S an O-1 can be extended for as many times as is needed as long as the requirements for the O-1 visa are met, Covers a variety of fields (academics, athletics, science, arts). It means that they cannot transition to a status other than H-4 from within the United States. Copyright 1999-2023 immihelp.com. Processing Times. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212 (e). To file change of non-immigrant status from J-2 to F-1 Student review and complete the following procedure. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. There are a few circumstances that allow for a J1 waiver, helping you to circumvent the 2 years home residency requirement: Getting a no objection statement from your home country, confirming that your home government has no objection to you not returning to the home country and has no objection to you staying in the US. If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if: You were admitted to the United States to receive graduate medical training, unless you receive a special waiver. By continuing to browse this website, you agree to our use of cookies. solving specific immigration law issues. home residency requirement, members of the immediate family will be included. 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. They will help you file your petition and ensure that you have the best chance your O-1 application approved. EAD applications may take around 3 to 5 months. included. See USCIS Adjudicator's Field Manual chapter 30.3 (c) (7) (on page 33 of this PDF ). transcripts, equivalency evaluation, license). They can avail themselves of other status options, including H1B, through the consular processing option once the primary spouse is granted a waiver. 4c}8C$L`,A0s/w+P;:G7hE ^@x"l2M^8OnO(=R8 Xc2lx5Kh^C3 !G M:]X-uPPL}V As a J-2 spouse subject to the home residence requirement, can I apply Find a U.S. Embassy or Consulate You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. ), Evidence of Financial Resources/Support (can be the same used to obtain the I-20). 748 0 obj <>/Filter/FlateDecode/ID[<83754C38F05FFD46B657AA990CABA9DE><11535D6A863EA0408D80A2816E81A152>]/Index[719 83]/Info 718 0 R/Length 129/Prev 271371/Root 720 0 R/Size 802/Type/XRef/W[1 3 1]>>stream (I-94, DS-2019, I-797, passport, visa, etc. To ensure that your change of status application and that of your dependents are adjudicated at the same time, you will need to file both forms I-129 and I-539 together. You may also take the survey available on theJ Visa Waiver Onlinewebpage. Exchange Visitor Visa. Your waiver request must be under any one of the five applicable bases in U.S. immigration law. VisaNation Law Group lawyers are highly experienced in nonimmigrant changes of status. This means you must reside and be physically present in your home country for an aggregate of at least two years before you can do any of the following: If my spouse obtains a waiver of the two-year home Actualprocessing timesmay vary from time to time. to obtain H-1B status must fulfill the requirement or obtain a waiver of the requirement. However, if you cannot provide a written consultation, the USCIS will base their decision on other evidence in your record. SeeFrequently Asked Questionsfor more information on dependent spouses and children. Persons subject to 212(e) who wish to obtain a status OTHER than H-1B (F-1, F-2, TN, O-1, E-3) may exit the U.S., obtain the appropriate entry visa abroad Each I-129 must be submitted with relevant documents as supporting evidence. J-1's Conrad 303-year waiver obligation has been met. %PDF-1.6 % Though there are a few exceptions to this, which we are also going to discuss. Obtain an initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," from the SEVP-certified school. It requires you to return home for at least two years after your exchange visitor program. Find a U.S. Embassy or Consulate of the two-year home residence requirement? O-1 Visa Lawyers All Your Need to Know in 2023, H-1B Lottery Rule Changes Could See Reversal, May 2023 Visa Bulletin: Analysis & Predictions. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. This interpretation does not mean that such J-2 spouses are forced to spend three years in H-4 status. However, this option disappears once the J-1 spouse changes status to H1B to perform the required three years of waiver service. They may enroll in academic programs as recreational or degree-seeking students. Each Form DS-2019 will have a unique SEVIS ID number, but it is signed by the J-1 primary applicant. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of exceptional hardship. For information about the U.S. laws that created this waiver category, seeReferences U.S. Laws, numbers 4 and 5. NOTE: This procedure, if approved, just changes your status. Yes, if your spouse in J-1 status applies for and receives a waiver of the Request by an Interested U.S. Federal Government Agency: Are you working on a project for or of interest to a U.S. federal government agency? Resident status without exiting the United States may request an Adjustment of Status. applicant, Copy of the I-901 Receipt for payment of the SEVIS fee by the J-1 principal, Evidence of current immigration status for all applicants, including dependent J-2 In this video, I shared the process to change status fromfor J1 visa to F1 visa (DISCLAIMER - I AM NOT A LAWYER NEITHER DO I PRACTICE LAW) Feel free to ask related questions as it relates to my experiences. Some of the. Evidence of Contract Between You and Your Employer, If you are in this category and would like to change your status without fulfilling the two-year exercise, you may be able to. Though there are a few exceptions to this, which we are also going to discuss. If your career is in any of these fields, you are expected to have a level of proficiency that distinguishes you as being in the small percentage of those who have risen to the very top of their fields. solving specific immigration law issues. You just cannot switch to H1B, L, or apply for a greencard until completing the 2 yr requirement or getting a waiver. While both the J-1 and O-1 are nonimmigrant visas, the application processing for each of them differs to some extent. You will need to get a waiver approval from the Department of Homeland Security before you can be eligible to apply for a change of status to O-1 visa. Each department can request 30 such waivers per federal fiscal year. We are sorry that this post was not useful for you! (NOTE:This list does not contain information for all U.S. federal agencies. An EAD can be applied for only after arrival in the U.S. J-2 dependents may study in the U.S. without being required to apply for a student (F-1) visa or change to F-1 status. Yes. For Interested Government Agency requests for foreign physicianswho agree to serve in health professional shortage areas or medically underserved areas,:See How to Apply, Step 3. The same is true of other nonimmigrant statuses for which one may be eligible. !Y~Hz:KM)&]/ww gfI/u@}\1VeIM}0`M^:`pz\I]!sC See you next time!Join this Facebook group to keep connected - https://www.facebook.com/groups/24379__________________________________________________________________________________________________DisclosureAll content provided on in this video is for informational purposes only. Please share this video with teachers, especially if they have been considering international teaching. Waiver Categories U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, J-1 Waiver Frequently Asked Questions (FAQs), Interested U.S. Federal Government Agencies. You must request an Advisory Opinion for an official determination. Hello everyone! For visitors, travel, student and other international travel medical insurance. Can I convert to F-1 befoe the waiver? Persons who wish to obtain Permanent Evidence of major commercial success of your work reported in trade journals, major newspapers, or other publications. This time around, you will need an employer to sponsor your O-1 visa, and you will likely apply for a change of status in the U.S. You will need to follow this guide to process your change of status: Just like almost all employment-based visas, your O-1 visa must be sponsored by a U.S. employer who will act as the petitioner. is not a substitute for legal counsel. More on LSUHSC New Orleans sponsorshipfor Permanent Residency. Note: Current USCIS policy prohibits J-2 dependents of J-1 Alien Physicians with an approved Conrad 30 waiver and H1B status/petition from changing their status within the U.S. to any status other than H-4 until the J-1's Conrad 30 3-year waiver obligation has been met. Get employer apply for H1B lottery now, if approved then divorce and then apply for J-2 waiver and if approved then gile for H1B petition. 719 0 obj <> endobj To prove this, you must show evidence of at least three of the following: Receipt of internationally or nationally recognized awards or prizes of excellence in your field, Membership in top associations in your field which is meant for individuals with outstanding accomplishments, and judged by recognized international or national experts in the field, Publication in a major trade journal or news media about you and your work in your field, Original scholarly, scientific, or business-related contributions of major significance you have made in your field, Authorship of scholarly works in major media or professional journals in your field, A high salary for services which must be evidenced by contracts or other reliable proof, Participation as a judge of other peoples work in your specialized field or allied to your field, either individually or as a member of a panel, Employment in a critical or essential position for highly reputable organizations. It is a list of interested government agencies and names of their designated officials. Am I and my children also subject to the home residence The J-2 dependent may still obtain a status other than H-4 by exiting the U . If you are in such a situation, your employer may still be able to submit comparable evidence to establish your eligibility. Is my answer "BEST ANSWER" and/or "HELPFUL"? to ensure correct adjudication. Your personal information is protected by our Privacy Policy. The primary applicant on J-1 visa gets the waiver, and the dependents on J-2 visa also automatically get the waiver. J-1 who is subject to the two-year home residence requirement. It is fairly common for J-2 spouses to be employed in the United States with a valid employment authorization document (EAD). Kicking with Dr. Britton 6.68K subscribers 138 4.9K views 1 year ago Hello everyone! All Rights Reserved. All rights reserved. They may enroll either full-time or part-time. The O-1A subcategory is for people in the sciences, business, education, or athletics. Copy of I-20 (F1/F2); Copy of 212e waiver (for those applying for H visas who previously held J visas) Original DS-2019 (J1/J2) Copy of petition papers: I-129, I-797 notice of approval (H and L visas) Please note that eligibility for interview waiver does not guarantee a visa issuance nor does it guarantee that the interview will be waived . Press the escape key to exit. The head of the agency or his or her designee must sign the Interested Government Agency request and submit it to the Waiver Review Division. However, in the following circumstances, Waiver Review Division will consider the application on a case-by-case basis: J-1 spouse dies: Attach a copy of your J-1 spouse's death certificate J-1 and J-2 spouses divorce: The embassy must send the No Objection Statement to the Waiver Review Division. I am familiar with J1 visa (with no two year home residency) to F1 change of status but not J2 to F1. The Division will need the following: Peng & Weber, PLLC s 3035 Island https://www.immihelp.com/j1-visa-home-residency-requirement-j2-visa-waiver-dependents-spouse-children/. %%EOF The, is one of the categories you can easily switch to from your J-1 status. PengWeber. This evidence must contain: Note: Even if the agreement was oral, it must be summed up in a written form and submitted with the petition. SelectJ Visa Waiver Onlineto change your address or contact information and to check the status of your waiver. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, Form I-612, Application for Waiver of the Foreign Residence Requirement, Receive an immigrant visa at a U.S. Embassy or Consulate; or. Subscription: Persons alreadyin the U.S. should be careful to continue tomaintain their current status until their petition/application is approved and ensure that their current period Find more information about internationaltravel click here. There are many things required of you, your prospective employer, and your dependents. ), Evidence of offer of employment in specialty occupation from petitioning employer, Proper Filing Fee(s) fromhiring department ($460 Petition Fee, $500 Fraud Fee, $2500Premium Change of Status: J2 to F1 Student . Copyright USCIS will forward its decision to the Department of States Waiver Review Division. Choose the one basis that you qualify for or applies to your situation. Important Notice:U.S. law does not permit foreign medical physicians who acquired exchange visitor (J-1) visa status on or after January 10, 1977, to receive graduate medical education or training to use this option. You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver. (Seattle suburb), Washington 98040(206) 382-1962 Home Visas J Visa J2 Visa - Home Residency Requirement - Waiver for Dependent Spouse and Children. U.S. Visa: Reciprocity and Civil Documents by Country. All posts are moderated, so it will take time for your post to appear! 2. The U.S. Embassy would then forward it to the Waiver Review Division. 2. The Division will need the following: a completed data sheet; DS-2019/IAP-66 forms of the J-1; divorce decree or death certificate (whichever is appropriate), and, Hire Us. If you wish to remain on travel.state.gov, click the "cancel" message. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. Zua8h0 I8MHsK6HDQ 4Q1Rh Do you believe you will be persecuted based on your race, religion, or political opinion if you return to your home country? There is an important change of status restriction on J-2 dependents of J-1 international medical graduates (IMGs). Under these laws, J visa holders who meet certain criteria are not able to change status to or receive visas in the following categories until they have returned to their home countries for at least 2 years or until they receive waivers from USCIS: H, L, K, or immigrant lawful permanent resident (LPR). The application procedure is the same as that for a primary visa applicant. 2023 Murthy Law Firm. The USCIS recently released Q&As from an April 11, 2013 meeting with the American Immigration Lawyers Association (AILA). Each dependent must be issued their own Form DS-2019, which is required for each person to get the visa. PLLC. In cases of death or divorce from the J-1, or when a J-2 child reaches age Now that you know the criteria, lets discuss how to process your. You must, however, ensure that you, your employer, and your family members follow the instructions accordingly in each of the forms. Applying later for permanent residency as an O-1 nonimmigrant is easier, especially the EB-1 green card, which requires no PERM Labor Certification. my questions are: 1. See information on J-1 Exchange VisitorStudents and Scholarsand J-2 Dependents here. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. ), Evidence of offer of employment in USMCAapproved occupation from petitioning employer, Proper Filing Fee(s) ($460 Petition Fee,$2500Premium Processing fee, if desired/applicable), Evidence of Financial Resources/Support (can be proposed salary ofTN beneficiary). Visit insubuy.com or call +1 (866) INSUBUY or +1 (972) 985-4400, Visit insubuy.com or call 1 (866) INSUBUY or +1 (972) 985-4400, Form I-765, Application for Employment Authorization. Citizenship and Immigration Services (USCIS). You may request for a waiver under this basis if you believe your returning to your home country will expose you to persecution based on your religion, race or political views. The J-2 dependent may still Thus, once the waiver is approved for the J-1 nonimmigrant, the J-2 spouse must choose to either change to H-4 dependent status (and lose employment eligibility) or seek to transition to H1B or another applicable, valid nonimmigrant status to continue working, if qualified and eligible. To prove this, you must show evidence of at least three of the following: Youve performed as a lead or starring character in a highly reputable production or event, Youre going to have a starring role in a well-known organization, Have international or national recognition for your achievements in the industry, Recognition from government agencies, organizations, critics, or other experts for your achievements in the industry, A high salary or remuneration that shows your extraordinary skills in the industry.
