J1 Visa – 2 Year Residency Rule Waiver

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The J1 visa is issued to the foreign exchange students who have traveled to the United States for the reason of getting some training or some sort of education. As per the clause of the J1 visa (Professional Career Training Program) the people traveling to the United States on the J1 visa would be required to stay in the home country for the next two years post the completion of the training in the U.S for which the visa was issued in the first place.

The basic reason for this requirement defined by the US government, is that the person who has acquired the advanced skills and knowledge from the U.S by the virtue of the exchange visitor program, he or she should go back to the home country and spread the knowledge to people there. But there could be a lot of reasons and requirements because of which the visitor might not be able to travel back. Under such situations there is a provision of waiver of such clause at the discretion of the United States government.

This J1 visa waiver is suitable for the people, who falls in any of the under mentioned categories.

  1. Like medical graduates who had originally entered in to the United States and now post the completion of the education they would like to stay back in the United States.
  2. People who are foreign nationals and had come to the US. For the purpose of participating in any of the government funded programs, the same would also apply to the programs those are funded by other countries in the United States or by other international organizations.
  3. The people who are foreign nationals, who had attended the exchange program and are now required to go back to their home country but there the knowledge would be of little or no importance due to the lack of the resources there.
  4. If the J1 visa holder is able to obtain a NOC or a no objection certificate from the government in his home country.
  5. If the project the J1 visa holder is working on is of importance to the federal government or any of its agencies, in that case the federal government might choose to waive off the clause.
  6. If by the compliance of the J1 visa clause would be subjecting the spouse and the children of the person to a lot of hardship and problem then again the case could be reviewed for a waiver. But under such a situation the children and the spouse of the person has to be a citizen or atleast a permanent resident of the United States.


Guest Author

Tushar Mathur

H1B Visa FY2010 December Final Update

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As we noted in both our H1B Visa October update and H1B Visa November update as well as our General US Immigration update earlier this month, the H1B visa season was effectively extended to fill the FY2010 quota.

However as you would have noticed in these 3 updates, the H1B visa quota which was so stagnant for so long during 2009, was fast filling up at the end of the year. Now nearly at the end of the calendar year of 2009, just before Christmas, on December 22, 2009, the USCIS has announced that December 21, 2009 was the last date for accepting H1B visa petitions.

The USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Dec. 21, 2009.  USCIS will use this process to select petitions needed to meet the cap.  USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.

Therefore the FY2010 H1B visa allotment as it stand is effectively over, although there is a small chance that enoough of these petitions may be rejected such that there may be some available visas. Although usually the USCIS accepts a greater amount of petitions to account for this fact, so this is very unlikely.

This means that if you have a prospect employer for the H1B visa you will have to wait until the FY2011 H1B visa season begins on April 1, 2010 to file your petition via your sponsor employer. It is still now the best time to get everything organized such that you give yourself the best chance for this to happen in time as there is always a lot to organize. So if you have been searching for employment do NOT give up your search.

It should be noted that H1B visa petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.